MANJU Vs. PAWAN KUMAR ANDANI

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 10.09.2008 pronounced by the First Additional Judge to the Court of First Additional District Judge, Datia, in case No. 74/07 HMA, by which the learned Trial Court has disallowed the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "The Act, 1955" for brevity), the appellant/wife has filed this appeal under Section 96 of the Code of Civil Procedure (which ought to have under Section 28 of the Act, 1955).

(2.) IT is not disputed that the marriage of the appellant was solemnized with the respondent on 04.02.1999 observing Hindu rites. After the marriage, the appellant lived with the respondent/husband at her matrimonial home at village Urai, district Jhalon, Uttar Pradesh.

(3.) PER contra, the non -applicant denied all averments and submitted that his marriage was solemnized without any dowry. He has been treating the applicant with affection. He was discharging his obligations normally but it was the applicant who insisted to start business at Bhopal, therefore, the non -applicant shifted to Bhopal and started his business and was leading a happy married life. The applicant has falsely alleged that she was being treated cruelly. The applicant herself left for Datia alongwith her daughter. The reservation for travelling by train was done by the non -applicant/husband. The non -applicant had gone to call her wife and daughter in the month of April. However, on the insistence of her brother he returned back. For the second time when he again called the applicant she avoided and insisted that the non -applicant should shift to Gwalior and do business there. The applicant did not go to Bhopal to live with the non -applicant. The present application has been filed on false grounds.