GODAMBARI DEVI Vs. DEVI PRASAD

JUDGEMENT

(1.) This appeal, preferred under Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dated 03.06.2009 passed by District Judge, Tehri Garhwal, in suit No. 12 of 2006 whereby the said court has granted decree of divorce on the petition filed by respondent No. 1 (Devi Prasad), against the appellant Godambari Devi.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Brief facts of the case are that appellant Godambari Devi got married to respondent No. 1 Devi Prasad in the intervening night of 17 - 18 May, 1995 according to Hindu rites. A son (Suraj) was born out of wedlock in the month of March, 1996. Respondent No. 1 Devi Prasad (Husband) filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955 against his wife Godambari Devi in the year 2006 before District Judge, Tehri Garhwal (There is no family court established in the District of Tehri Garhwal). It is pleaded in the said petition that Godambari Devi was a woman of independent nature and she was not ready to live in the joint family. It is alleged that after marriage, she started misbehaving with the old parents of the petitioner (present respondent No. 1). It is also pleaded that on her insistence, the property of the family of the petitioner was partitioned, even this did not satisfy the appellant and the respondent No. 1 Devi Prasad had to take separate rental accommodation for himself and his wife. Thereafter, the aforesaid son was born out of the wedlock. But the wife continued to treat her husband with cruelty, and deserted him on 25.05.1996 without sufficient reason. She went to her parental house along with son. In the petition, the husband has made allegation that his wife is living in adultery with respondent No. 2 Shivraj and respondent No. 3 Dinesh Purwal. It is also alleged that a female child was born due to relations between Dinesh Purwal and Godambari Devi. With these allegations petitioner Devi Prasad sought decree of divorce.