ARTI SHARMA Vs. SANJAY SHARMA

JUDGEMENT

(1.) APPELLANT filed an application under Section 13 of Hindu Marriage Act for seeking divorce on the ground of cruelty and desertion against the respondent -non -applicant/husband before the Second Additional District Judge, Shivpuri. This application was decided by the impugned judgment on 16.08.2007 whereby the learned Additional District Judge dismissed the same. Feeling aggrieved by this judgment, the appellant/wife has filed this appeal under Section 28 of the Hindu Marriage Act.

(2.) IT is not disputed that the marriage of appellant with respondent was solemnized on 09.05.1998 observing the Hindu rites at Shivpuri. A son is born due to this wedlock, and is living with her mother at Guna.

(3.) PER contra, the non -applicant/respondent denied all the averments and alleged that in January, 2006, the applicant/appellant went to her parental house, celebrated Makarsankranti and did not return. She is living with her parents. Her son has been admitted into a school and in spite of the appellant and respondent's name as mother and father, the names of appellant's brother and sister -in -law have been mentioned in the records. The non -applicant/husband purchased a vehicle on 13.10.2001 in her name. She is living in her parental house without sufficient cause.