TEJENDRA KAUR Vs. JOGENDRA SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of the Family Court, Moradabad, whereby the suit under Section 13 of the Hindu Marriage Act filed by the plaintiff-respondent for divorce has been decreed.

(2.) The allegation of the husband plaintiff was that he married the appellant on 8.12.1994. She lived with him for about two months, and thereafter she left the matrimonial house and went to live with her parents. He doubted that his wife had relationship with some other persons. She dtd not permit him to have the sexual relationship. She gave birth to a son in July, 1996, who was not bom out of their wedlock. The relations became strained but the relative of both the parties got compromise written on 2.12.1995 wherein it was agreed that the appellant will come and reside with him. The wife after the compromise came to reside with him but after some lime, she left and started living with her parents.

(3.) The appellant contested the suit and she denied the allegations of desertion, adultery and cruelty. The family court found that the respondent failed to prove by cogent evidence that his wife had any unfair relationship with any other person and was not guilty of adultery. The suit was, however, decreed on the ground of cruelty.