NEHA TYAGI Vs. LIEUTENANT COLONEL DEEPAK TYAGI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur passed in D.B. Civil Miscellaneous Appeal No. 2845 of 2018, by which the Division Bench of the High Court has dismissed the said appeal preferred by the appellant herein and has confirmed the judgment and decree passed by the learned Family Court dissolving the marriage between the appellant and the respondent on the ground of cruelty and desertion by the appellant herein, the original appellant-wife has preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under: That the marriage between the appellant and the respondent was solemnised on 16.11.2005. That the respondent herein was serving as an Army Officer as Major. That out of the said wedlock, the appellant and the respondent had one son Pranav Tyagi who is aged 13 years presently being born on 23.2.2008. That the dispute arose between the husband and the wife. That the appellant-wife filed number of complaints against the respondent-husband before his employer - Army Authorities including the extra-marital affairs of the respondent-husband. An enquiry was initiated by the Army Authorities against the respondenthusband for extra-marital affairs on the basis of the complaints dated 29.09.2014 and 5.2.2015 made by the appellant-wife. In the enquiry, the respondent-husband was exonerated.

(3.) We have heard Ms. Neela Gokhale, learned Advocate appearing on behalf of the appellant. It is very unfortunate that though served, the respondent-husband has not appeared in the present appeal and it is reported that despite the order of status quo passed by this Court vide interim order dated 22.11.2019, the respondent-husband has re-married.