PREMA RAUTELA Vs. GOVIND SINGH RAUTELA

JUDGEMENT

(1.) This is wife's appeal against a decree of divorce, which has been granted in favour of her husband (presently the respondent before this Court).

(2.) The respondent is serving as a 'Havildar' in Kumaon Regiment of the Indian Army. The marriage of appellant and respondent was solemnized on 16.02.2002 at Almora. Out of the wedlock, the couple have two sons, called Manjul and Gaurav, who are presently aged about 14 and 12 years respectively. Admittedly, since the husband/respondent is an Army personnel and is frequently posted in field areas, the wife was residing in a rented accommodation at Almora which is their home district, to give children a better education. They are admitted in a school at Almora town, called "Kurmanchal Academy". It has also come in the evidence that the fatherin-law of the appellant also resides with them at Almora. The rent of the accommodation is also being paid from the family funds of the respondent. These facts have been stated right in the beginning, as one of the grounds raised by the husband (respondent) for divorce was desertion!

(3.) On 08.03.2014, in the early morning hours, the appellant was found lying unconscious in the jungles at "Khurpatal", near Nainital. She was grievously injured. The place where she was found unconscious was nearly 100 kms. from her residence at Almora. After being discovered in the injured state in the early hours of 08.03.2014, by the local villagers, she was first taken to the B.D. Pandey Govt. Hospital at Nainital and later referred to the higher centre at Sushila Tiwari Medical College at Haldwani. The medical report of Sushila Tiwari Government Hospital, where she was brought from Nainital shows that Prema Rautela (the appellant), aged 31 years/F was admitted to the surgery ward. The patient was admitted on an alleged history of assault on head, on 8.3.2014 at 03:00 a.m. X-ray face suggests fracture on the right side and that the patient was unconscious and the injuries were "grievous in nature".