REKHA Vs. BANWARI

JUDGEMENT

(1.) FEELING aggrieved with the judgment dated 18.02.2005 passed in Civil Suit No. 41 -A/2010 (H.M.A.) by the Additional District Judge, Sheopur (M.P.) by which the application under Section 13(1)(1A) of Hindu Marriage Act, 1955, filed by the applicant/respondent was allowed, the non -applicant/appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955.

(2.) IT is not disputed that the marriage of the appellant and respondent was held as per Hindu customs in the year 1992 at a "common marriage ceremony"(Samuhik Vivah Sammelan). A baby girl has been born out of the wedlock. She was four years at the time of filing the application.

(3.) PER contra, the non -applicant wife denied all the averments and submitted that the applicant/husband is in the habit of taking alcohol and casting aspersions on her character used to beat her. She never neglected her duties. It is the applicant/husband, who forcibly removed her from the house.