UDAYRAJ Vs. MAMTA DEVI

JUDGEMENT

(1.) THE appellant/husband has preferred this appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act"), aggrieved by the judgment dated 05.12.2008 pronounced by 2nd Additional District Judge, Bhind in Case No. 9/2008 (HMA), by which application filed by the appellant under Section 13 of the Act, has been rejected.

(2.) FACTS which are not disputed between the parties are that the marriage of the appellant and respondent was solemnised in May, 1996 at village Hayderpur. After their marriage, they lived together for two years. Due to their wedlock, a son is born who is living with the appellant. It is also not disputed that a daughter was also born to the respondent and died within 10 days after birth.

(3.) PER Contra, the respondent/wife has denied all the averments and claimed that she had been discharging the duty of a wife. The baby girl born, died after 10 days. The appellant is serving at private factory in New Delhi. After the death of baby girl, the appellant took the respondent with him to Delhi, where she found that the appellant has affair with another lady. She opposed this relationship. Due to which she was driven out from her matrimonial house. Therefore, she was compelled to live at her parental house. She has specifically denied knowing any person named Bimal and denied that she has any relation with any one except the appellant.