SHOBHA GUPTA Vs. RAJESH GUPTA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.11.2004 passed by the learned Additional District Judge (ADJ) Delhi in HMA No. 58 of 583 of 2003. By the impugned judgment the learned ADJ dismissed the appellant"s petition for divorce filed against the respondent on the grounds of adultery, cruelty and desertion. The ground for dismissal was that the appellant had not been able to produce before the Trial Court proof of her earlier marriage with one Shri Kailash Jain having been dissolved by a decree of divorce by mutual consent.

(2.) It is the appellant's case that she and Respondent No. 1 herein were married on 24.1.1985 at Delhi. A male child Ravi Gupta was born on 4.1.1986. The appellant does admit that she was earlier married to one Shri Kailash Jain and had a daughter Sonia and a son Ashish from the said marriage. Subsequently, according to the petitioner, she and Shri Kailash Jain were divorced.

(3.) The appellant"s petition for divorce was based on three grounds. First was that Respondent No.1, the husband, was having an adulterous relationship with Respondent No.2, in whose house he was employed as a driver. The second was that Respondent No.1 had treated her with cruelty and the third that without any reasonable cause the Respondent No. 1 had deserted her and the family.