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2016 DIGILAW 76 (UTT)

Ram Prasad Nepane v. Hira Nepane

2016-02-22

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : K.M. Joseph, J. The appeal is directed against the order of the Family Court, Rishikesh, by which the petition filed seeking the dissolution of marriage has been dismissed. The order reads as follows:- “Dated: 05.12.2014 Today, this case has come under Section 13(1) of the Hindu Marriage, Act, along with the report of the Munsarim. This be registered as Misc. Case. This case has been filed by the plaintiff against the defendant for dissolution of marriage. This is clear from the perusal of the file that prior to this, the plaintiff had filed Original Suit No. 343/2008 before the Court of Principal Judge, Family Court, Dehradun under Section 13 of the Hindu Marriage Act, which has been dismissed on 05.03.2012 on merit. Hence, the present case is dismissed in absence of sufficient ground”. 2. A perusal of the order would show that the Court has merely referred to his perusing the file and that the appellant had filed Original Suit No. 343 of 2008, which was dismissed on merit. The translated copy of the impugned order further shows that the Family Court, on this basis, has dismissed the same in absence of sufficient ground. According to the appellant, in fact, the earlier suit had been compromised and the respondent did not act in terms of the compromise and the allegation is one of cruelty. 3. It is common case that the order was passed without issuing notice to the respondent. We are of the view that the impugned order does not reflect application of mind to the contentions. We are certainly not satisfied with the manner in which the order has been written. In the matter of this nature, we would expect the Court to write a sufficiently elaborate order giving reasons, particularly, when it is being rejected by merely stating absence of sufficient ground and without referring to the contents of the present petition and the effect of the compromise which was entered into in the previous litigation launched by the appellant. 4. We do not express any opinion regarding the merits of the matter. We feel that the matter must be remitted back so that the Court may consider the matter afresh. Accordingly, the impugned order stands set aside and the matter is remitted back to the Family Court, Rishikesh, District Dehradun for being considered afresh. 5. The appeal is allowed.