(1.) This judgment shall dispose of an appeal filed under Section 28 of the Hindu Marriage Act aggrieved of the judgment and decree dated 18.05.2011, passed by the 21 st Additional District Judge, Indore in H.M.A.Case No.2/2010, whereby the learned Additional District Judge has decreed the suit filed by the respondent for divorce.
(2.) The parties to the suit was married on 11.12.2001 according to the Hindu rites and customs. A female child was born from the wedlock on 05.11.2003 who is in possession of the appellant.
(3.) A suit was filed by the respondent seeking dissolution of marriage under Section 13 of the Hindu Marriage Act primarily on the basis of an ex-parte decree granted in his favour under Section 9 of the Hindu Marriage Act in H.M.A.Case No.54/2007 wherein even though the appellant appeared but thereafter stopped appearing and therefore an ex-parte decree was granted under Section 9 of the Hindu Marriage Act in favour of the respondent vide judgment dated 21.01.2009. In the plaint it was submitted that the directions of the Court in the aforesaid decree was not complied with by the appellant and that a period of one year has expired since passing of the said decree. It was also alleged that since the last three years the appellant was living separately from the respondent. On that basis, the decree of divorce was sought. It may also be observed that even other allegations such as respondent treating the appellant with cruelty was also made.