LALIT SINGH Vs. SMT. RAJ KUMARI

JUDGEMENT

(1.) This appeal has been preferred against judgement dated 11-05-2012 passed by Judge, Family Court (Link Court), Sakti, District Janjgir-Champa (C.G.) in Civil Suit No.29-A/2011 by which the petition for divorce filed by the appellant under Sec. 13(1) of Hindu Marriage Act, 1955 (for short 'the Act') was dismissed.

(2.) The petition under Sec. 13(1) of the Act was brought by the applicant before the trial Court alleging that his wife/respondent has deserted him and left for her paternal home at Village Kotmi. Efforts made by the petitioner to bring her back has failed and there is no possibility of reunion between them. On this ground decree of divorce was prayed for.

(3.) Respondent/non-applicant denied the averments in the petition and stated that she was driven out of her matrimonial home just after 6-7 months of her marriage. Efforts for compromise in the meeting of members of society have failed. The petitioner has performed second marriage with a woman named Heerabai. Respondent has lodged a report on 20-10-1988 in Police Station Dabhara which was not acted upon. Presently, the petitioner is having 5-6 children from his second wife Heerabai. It is stated that the respondent has no objection if the petitioner wants divorce but such divorce may be granted after grant of permanent alimony of Rs.12,00,000.00.