NEELAM BISHT Vs. NARENDRA SINGH BISHT

JUDGEMENT

(1.) This appeal preferred under Section 28 of the Hindu Marriage Act, 1955 (wrongly mentioned under Section 19 of the Family Courts Act, 1984) is directed against the judgment and order dated 27.3.2010, passed by Civil Judge (Senior Division), Pithoragarh, whereby said court has allowed the petition filed by the husband under Section 13 of the Hindu Marriage Act, 1955 against the Appellant (wife) (In district Pithoragarh no Family Court is established).

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

(3.) Brief facts of the case are that Respondent Narendra Singh Bisht got married to Neelam Bisht (present Appellant) on 10.2.1981 following the Hindu rites. Out of the wedlock, two daughters, namely, Mamta Bisht and Nabita Bisht and two sons, namely, Gaurav Bisht and Pankaj Bisht were born. Respondent Narendra Singh Bisht (husband) filed a divorce petition before the trial court alleging that in the year 1999, the Appellant left the house of the Respondent without any sufficient cause. It is also pleaded by the husband that Appellant Neelam Bisht lives in adultery with Jogendra Ram @ Jogi Ram (Respondent No. 2 before the trial court) in Dharchula. It is also stated by the Petitioner (husband) that he got purchased a house for his wife in Nainital, but she sold the same and purchased a piece of land in Pithoragarh, whereafter the said property was also sold by her. It is also alleged in the petition that Neelam Bisht (wife) started making money by defrauding the unemployed youths promising them that she would provide them job. It is further alleged that a criminal case was registered against her, and she was arrested, and in the lock up, she came in contact with Jogendra Ram @ Jogi Ram (Respondent No. 2 before the trial court) and after the two got released, they started living in Dharchula. Apart from the ground of adultery, the husband has further pleaded that the Appellant had deserted him without any sufficient cause. On the said two grounds, divorce decree was prayed by the husband.