SUKH VARSHA BABBAR Vs. PREM NATH BABBAR

JUDGEMENT

(1.) THE present appeal has been preferred to assail the judgment dated 31.01.2009 passed in HMA 214/07 by Additional District Judge (ADJ), Delhi, whereby the learned ADJ has passed a decree of judicial separation in favour of the respondent -husband and against the appellant -wife.

(2.) THE respondent -husband had preferred a petition under Section 13(1) (ia) of the Hindu Marriage Act to seek dissolution of his marriage with the appellant -wife on the ground of cruelty. Instead of granting the divorce and dissolving the marriage, learned ADJ had moulded the relief and granted the decree of judicial separation. The parties were married in the year 1972. Out of the wedlock, three children were born, namely, two daughters, who were born in the year 1973, 1974, and one son was born in the year 1977. Unfortunately, the son passed away in an accident on 08.09.2002.

(3.) TO establish the first ground aforesaid, the respondent appears to have filed the photocopy of the letter dated 04.11.1999 (Ex.PW1/B) claimed to have been sent by Shri Manohar Lal, brother -in -law of the respondent - husband (brother of the appellant) to Smt. Krishna Devi - the sister of the appellant and Shri Manohar Lal. In this communication, Manohar Lal records that Smt. Krishna Devi had taken a loan from the appellant, which has not been returned.