RASHMI Vs. VIJAY SINGH NEGI

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 96 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 1-10-1991, passed by then learned District Judge, Pauri Garhwal, whereby Original Suit No. 51 of 1990, instituted by plaintiff Vijay Singh Negi for divorce against his wife Rashmi Negi, is decreed for divorce under Section 13 of Hindu Marriage Act, 1955. (In the year 1990 there was no family Court in Pauri Garhwal ).

(2.) I heard learned Counsel for the parties and perused the record.

(3.) ON the basis of the pleadings of the parties, following issues were filed by the trial Court: 2 Create PDF with GO2pdf for free, if you wish to remove this line, click here to buy Virtual PDF Printer This Software is licensed to: :-REg Copyright Capital Law Infotech (1) Whether the defendant No. 1 was living in adultery with defendant No. 2? (2) Whether the plaintiff was treating defendant No. 1 with cruelty? (3) To what relief, if any, the petitioner is entitled? After recording the evidence and hearing the parties, the trial Court found that defendant No. 1 Rashmi Negi was living in adultery with defendant No. 2 Kishori Lal. It further found that plaintiff has not treated his wife with cruelty. ON the basis of these findings, the plaintiff's suit (petition under Section 13 of Hindu Marriage Act, 1955) was decreed for dissolution of marriage on 1-10-1991, aggrieved by which, this appeal was preferred by defendant No. 1 Smt. Rashmi Negi.