SUNITA DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant seeks to challenge the order and decree dated 31.10.2008 passed by the Ld. Court of Additional District Judge, Delhi whereby the divorce petition filed by the appellant under Section 13(ia) and (ib) of the Hindu Marriage Act, 1955 was dismissed.

(2.) Brief facts of the case as set out in the present appeal are that the marriage between the parties was solemnized on 27.06.1988 at Village Jatola, Tehsil Kharkhauda, District Sonepat, Haryana according to Hindu Rites and Ceremonies. That after the marriage parties started living together at the house of respondent at WZ-161, Shadipur, Mandir Wali Gali, New Delhi. The marriage was duly consummated and out of the said wedlock two daughters and a son were born. The petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act was filed by the appellant wife against the respondent husband seeking divorce on the alleged ground of cruelty and desertion. One of the main allegations leveled by the appellant in the divorce petition was that the respondent was having illicit relationship with a lady named Geeta and it is on account of this illicit relationship the husband used to abuse and beat her mercilessly in the presence of Geeta. It is also because of that illicit relationship that the respondent had deserted the appellant in 2001. The appellant has alleged that due to addiction to liquor and gambling the appellant is involved in criminal activities. The other allegation mainly leveled by the appellant in the petition against the respondent is that he had killed his illegitimate daughter of 1-1/2 years born out of his illicit relationship with Geeta and an FIR No. 348/04 under Section 302 IPC was registered on 25.11.2004 against him and since 2004 the respondent is in judicial custody. The appellant further alleges that the after the passing of the said impugned judgment and decree the respondent has been convicted in the said case under Section 302 IPC for committing murder of his illegitimate daughter and has been sentenced to life imprisonment. The appellant has also stated that the acts of cruelty have not been condoned by the appellant. The appellant in support of her case before the trial court examined herself as PW-1 and sister-in-law of the respondent who is the sister of the appellant as PW-2. The respondent on the other hand examined himself as RW1 and his sister as RW2 to prove his case. Vide the impugned judgment and decree dated 31.10.2008 the ld. Addl. District Judge has dismissed the said petition filed by the appellant on the ground that the allegations of cruelty and desertion leveled by the appellant in her petition were not proved by her. Feeling aggrieved with the same, the appellant has preferred the present appeal.

(3.) I have heard Learned Counsel for the parties and gone through the records.