RAM KUMAR DEVANGAN Vs. CHAMELI BAI DEVANGAN

JUDGEMENT

(1.) BY this appeal under Section 28 of the Hindu Marriage Act, 1955 the appellant/husband seeks to challenge the correctness, validity, legality and propriety of the judgment/order dated 10-8-1999 passed in Civil Suit No. 39-A of 1998 by the learned Second Additional District Judge, Mahasamund inter-alia submitting that the proceedings recorded by the said Court were incorrect and misleading and dismissal of the suit on the ground that the parties wanted to live together is bad.

(2.) THE facts in nut-shell are that the present appellant/husband filed a petition under Section 13(1)(i)(a) of the Hindu Marriage Act seeking a decree of divorce against the respondent/wife. The wife appeared in the Court and contested the suit. From the records it appears that the trial Court proceeded with the reconciliation proceedings and required the parties to make their submissions before the said Court. On 10-8-1999 as required in the proceedings of the Court below, the appellant and the respondent so also the father of the appellant and father of the respondent appeared before the Court, the parties to the suit expressed their desire to live, together, father of respondent Chameli Bai showed his willingness to send his daughter that is the present respondent to the husband but Girdharlal father of the present appellant showed his unwillingness. The trial Court after recording a finding that as each of the party was an adult and was free to give his consent and as both the parties were ready and wiling to live together directed dismissal of the petition. The appellant is aggrieved by the said order.

(3.) ON the other hand, learned counsel for the respondent, submits that the proceedings recorded by the Court below cannot be challenged in such a casual manner. He submits that the proceedings recorded by the Court below are correct.