SMT. VANDANA SAINI Vs. SHRI RAHUL SAINI

JUDGEMENT

(1.) BY this appeal filed under Section 28 of the Hindu Marriage Act, 1955, the Appellant seeks to set aside the judgment and decree dated 14.10.09 passed the learned trial court whereby the petition for divorce filed by the Appellant was dismissed.

(2.) BRIEF facts of the case relevant for deciding the present appeal are that the marriage between the parties was solemnized on 9.2.2000 at Delhi according to Hindu rites and ceremonies and out of the said wedlock a female child named Priyasha was born on 22.11.2000. It is the case of the Appellant that on 15.3.2005 the Respondent left her alone at Roorkee with their child and went with his bag and baggage and never returned. Consequently the Appellant filed the petition for divorce on the ground of desertion which was proceeded ex parte against the Respondent and vide judgment and decree dated 14.1.09 was dismissed. Feeling aggrieved with the same, the Appellant has preferred the present appeal.

(3.) I have heard learned Counsel for the Appellant at considerable length.