KAVITA DEVI Vs. ANIL KUMAR

JUDGEMENT

(1.) The appellant/wife is aggrieved by the decree of dissolution of her marriage with the respondent/husband on the ground of cruelty. The divorce petition was filed by the respondent/husband on the allegation that the appellant/wife was living in adultery and he is not biological father of all the three children born out of the wedlock.

(2.) Section 13 of Hindu Marriage Act provides grounds on which marriage can be dissolved by a decree of divorce. Relevant provisions for us for the purpose of disposal of this appeal are Section 13(1)(i) and Section 13(1)(ia) which read as under:-

(3.) On September10, 2009, the respondent/husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act pleading that his marriage with the appellant/wife was solemnized on February 05, 2000 and at that time his status was of widower and the respondent/wife was virgin. The marriage was consummated and three children-one female and two male were born.