DEEPA @ SUNITA Vs. MANOJ KUMAR VAID

JUDGEMENT

(1.) By this appeal filed under Section 96 read with Section 28 of the Hindu Marriage Act, 1955 the Appellant seeks to challenge the judgment and decree dated 02.03.2009 passed by the learned Addl. District Judge, Delhi, whereby the petition for divorce filed by the Appellant under Section 13(1)(ia) of the Hindu Marriage was dismissed .

(2.) Brief facts of the case relevant for deciding the present appeal are that the marriage between the parties was solemnized on 16.4.2003 at Delhi according to Hindu rites and ceremonies. The marriage was duly consummated but no child was born out of the said wedlock. It is the case of the Appellant that the Respondent was a habitual drinker and used to beat her under the influence of liquor. She has also alleged that the Respondent and his family members harassed her for bringing insufficient dowry. Consequently, the Appellant filed a petition for divorce on the ground of cruelty which vide judgment and decree dated 2.3.2009 was dismissed. Feeling aggrieved with the same, the Appellant has preferred the present appeal.

(3.) Counsel for the Appellant states that the appeal filed by the Appellant was not opposed by the Respondent and therefore, it was obligatory on the part of the learned trial court to have passed the decree of divorce in favour of the Appellant. Counsel also submits that even in the present appeal the Respondent has not chosen to appear to contest the appeal and this in itself is sufficient to allow the present appeal.