RAJANI Vs. RAMSWAROOP

JUDGEMENT

(1.) THIS is an appeal under Section 19 of the Family Courts Act, by wife against dissolution of her marriage by a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act ).

(2.) BOTH husband and wife belong to Jhansi. They were married on 15-1-1979 and a male child was born to them on 15-3-1980. When the child was six months' old, wife left the house of her husband with the child on 24-9-1980 and did not return back to her husband. A petition for mutual divorce was filed on 3- 3-1983. However, before final order was passed on this application wife stated to the Family Court that she is not willing for divorce. Therefore, the petition for divorce out which this appeal is filed, was filed by husband on 9-1-1984.

(3.) HUSBAND examined himself and another witness who was one of the persons taking part in the settlement. Documents like copy of letter of lawyer, reply by wife copy of the deposit as per agreement, agreement and receipt of articles by wife were filed. Wife examined herself and her father. One witness was examined as court witness. Certificate granted by the hospital was filed.