RAJNI GARG Vs. BALKRISHNA GARG

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 25. 1. 2000 passed by Xth Additional District Judge, Bhopal in Civil Suit No. 39-A/ 1999, the appellant/wife has preferred the appeal under Section 28 of the Hindu Marriage Act against the decree of divorce under Sections 13 (1) (ia) and (ib) of the Hindu Marriage Act (hereinafter referred to as 'the Act' ).

(2.) THE admitted facts of the case are that the marriage in between the appellant and respondent was solemnised on 14. 2. 1994 at Bhopal according to Hindu rites and customs and from their wedlock on 29. 1. 1995 a son was born, who is at present living with the appellant/wife.

(3.) THE case of the respondent/petitioner is that after the marriage, in 1995 the appellant/wife misbehaved with the respondent and his parents and she threatens that the petitioner should get prepared himself to face the dire consequences. That on 30. 3. 1995, the appellant, in the absence of the petitioner, has left the matrimonial house with all her belongings. The petitioner has prayed for the dissolution of the marriage by a decree of divorce on the ground of desertion and cruelty.