RUCHI SAXENA Vs. SUNIL SAXENA

JUDGEMENT

(1.) This first appeal has been filed by the appellant/wife against the decree of divorce. The curious facts of this case are that a suit for divorce was instituted by none else but by the appellant herself. The suit was also decreed vide order dtd. 13/4/2015 by the Principal Judge, Family Court, Dehradun (Suit No.145 of 2015), 'Smt. Ruchi Saxena Vs. Sri Sunil Saxena'.

(2.) The grounds alleged by the appellant/wife for grant of a decree of divorce were desertion as well as cruelty. Half- heartedly, the respondent/husband filed his written statements, broadly denying the allegations. Thereafter, the examination-in-chief of the appellant/wife was done on 4/4/2015 by way of an affidavit. The appellant was present in the court and on the same day, the defendant was directed to cross-examine the appellant. The defendant refused to cross-examine the appellant/plaintiff. No other witnesses were produced and ultimately the suit was decreed on 13/4/2015.

(3.) The appellant/wife has now filed the present first appeal before this Court on grounds that her signatures were actually obtained by her husband on a pretext that he would be transferring some property in her name, and the fact is that she had never filed a suit for divorce!