1. Aggrieved by the order passed by the Family Court in M.C No. 24/2013 in allowing the petition filed by the respondent herein under Section 13(1)(ib) of the Hindu Marriage Act, 1955, the respondent/wife has filed this appeal.
2. Learned counsel for the appellant contends that the impugned order is bad in law and liable to be set aside; that the petition was filed under Section 13(1)(ib) of the Hindu Marriage Act on the ground of desertion. The case of the respondent/husband was one on desertion. The Family Court has not properly considered the material evidence on record so far as the ground is concerned. On the contrary, the lower Court framed the issue with regard to the psychological differences of either of the parties and it went on to frame the issues with regard to the doctor examining the parties. There is no finding recorded by the lower Court with regard to the desertion as pleaded by the respondent/husband. Under these circumstances, we are of the view that the reasoning assigned by the lower Court is inappropriate. That the ground urged in the petition has not been considered properly.
3. Consequently, the appeal is allowed. The order dated 08.04.2014 passed in M.C No. 24/2013 is set aside. Matter is remanded to the lower Court for a fresh disposal in accordance with law.
4. The Trial Court shall consider the material and evidence on record with regard to the grounds of the petition and pass appropriate orders in accordance with law. The said order shall be passed within a period of four weeks from the date of receipt of the copy of this order.