SHIVKUMARI KASHYAP Vs. MANHARAN LAL KASHYAP

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment and decree dated 03.11.2006 of the Second Additional District Judge, (FTC) Mungeli, District Bilaspur CG passed in Civil Suit No.9-A/2005, whereby and whereunder he allowed the divorce petition filed by respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955').

(2.) This is admitted by appellant-wife that marriage of both parties was solemnized on 11.05.2003 in village Sakhandevri in accordance with Hindu rites and rituals, after the marriage respondent had brought her to his house after Gauna (a custom after marriage), she had signed on the stamp paper, she had lodged a report regarding demand of dowry against respondent and his family members, the charge-sheet is pending before the JMFC, Mungeli, she has filed an application under Section 125 Cr.P.C. before the Family Court, Bilaspur. Now, she is living separately from him.

(3.) In brief, the respondent's case is that on honeymoon appellant prevented him to commit sexual intercourse and there is no physical relation between them. When he went to Delhi, appellant told his father that she wants to live with her lover Jamuna Prasad and if she is not permitted to go then she will falsely implicate his entire family in dowry case. Despite of the advice, appellant left his house. She lodged the aforesaid report on 10.01.2005. Now, she is living with her lover Jamuna Prasad.