LEKHAN SAHU Vs. BHISHMA KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 28 of the Hindu Marriage Act, 1955 against the judgment and decree dtd. 12/12/2018 (Annexure A-1) passed by learned Second Additional District Judge, Balodabazar (C.G.) in Civil Suit No. H-64/2016 allowing the petition for grant of decree of the Hindu Marriage Act, 1955.

(2.) The facts are that the appellant/defendant and the respondent/plaintiff were married on 30/4/2007 as per the Hindu rites and ceremonies and from their wedlock, two children were born namely Akshat and Rishi.

(3.) Learned counsel appearing for the appellant/defendant submits that the respondent/plaintiff and his parents were used to treat her with cruelty and were mentally harassing her. The respondent/husband ousted the appellant from the matrimonial home. She was forced to live separately by the respondent and his family members. He further submits that she had no relation with the Deepak as alleged by the respondent/ plaintiff. Despite the pleadings in the application filed before the trial court, when there was a reference of Deepak Dubey, but he has not been examined by the respondent, however, Deepak Dubey has been examined as a defense witness. It is clear that the false allegations have been made against the appellant. The Trial Court has not appreciated the fact that the appellant is always wiling to live with her husband and during counseling she stated that she wants to live but recorded erroneous and vague finding. Therefore the appellant prays for setting aside the impugned judgment dtd. 12/12/2018.