SOBAT SINGH SAJWAN Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) This appeal, preferred under section 28 of Hindu Marriage Act, 1955, is directed against the judgment and order dated 28.03.2012 passed by District Judge, Tehri Garhwal, in Original Suit No. 31 of 2009, whereby said court has allowed the petition filed by the wife (present respondent) under section 13 of Hindu Marriage Act, 1955, and dissolved the marriage between the parties.

(2.) Heard learned counsel for the appellant, learned counsel for the respondent, and perused the lower courtrecord.

(3.) Brief facts, of the case, are that appellant (defendant) Sobat Singh Sajwan got married to respondent (plaintiff) Kaushalaya Devi on 28.05.1985, in village Kaleth within the limits of district of Tehri Garhwal, following Hindu Rites. Three children (two daughters and one son) born out of the wed-lock. The wife (present respondent) filed petition under section 13 of Hindu Marriage Act, 1955, before District Judge, Tehri Garhwal, seeking decree of divorce against the appellant (defendant), on the ground of cruelty. (In District Tehri Garhwal there is no Family Court established so far). It is pleaded by the wife before the trial court against her husband that he was a drunkard and a gambler. It is further pleaded in the petition that her husband used to beat her in a drunken state and also misbehaved with children and treated them with cruelty due to which it was difficult for her, and her children to live with her husband, as such she came from Delhi (where the couple used to live) to Dehradun and started living in a rented accommodation with the help of her parents.