VIMLA CHAUHAN Vs. YASHPAL SINGH CHAUHAN

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and order dated 31.03.2008, passed by the Judge, Family Court, Pauri Garhwal in Matrimonial Case No. 12 of 2006 (filed under Section 13 of the Hindu Marriage Act, 1955), and Misc. Case No. 39 of 2005 (filed under Section 125 of the Code of Criminal Procedure, 1973), whereby both the petitions moved by the appellant (wife), were dismissed. In this appeal the appellant has challenged only the decree passed in Matrimonial Case No. 12 of 2006.

(2.) HEARD learned counsel for the par­ties and perused the lower court record.

(3.) THE respondent contested the pe­tition and filed his written statement. He did not deny having married to the appel­lant/petitioner, nor did he deny that two daughters were born from the wedlock. It is also not denied that the respondent had already two children through his first (pre­deceased) wife, at the time of marriage with the appellant. However, rest of the allegations are dented. It is stated in the written statement that the petitioner/appellant had herself left the house of the respondent. It is further stated by him that he never treated the petitioner with cru­elty. Rather, it is alleged that the petitioner has left the respondent's house with one Madan Singh Rawat, landlord of the house in which the parties used to live.