BHOORI BAI Vs. SANTOSH

JUDGEMENT

(1.) APPEAL has been preferred by the non -applicant/wife under Section 28 of Hindu Marriage Act, 1955, challenging the judgment and decree dated 28.4.2008 passed in Case No. 60 -A/2007 by the Additional District Judge, Chachoda District Guna, whereby the learned Trial Court has allowed the application of the respondent/husband under Section 13(1)(1 -b) of HMA 1955 and granted a decree of divorce.

(2.) THE undisputed facts in this case are that the marriage of the appellant and respondent was solemnized 7 -8 years back. Ex.P/1 notice was served upon the appellant by the respondent. The reply to the notice is Ex.P/3. On the report of appellant at Police Station, Chachoda, a criminal case was registered under Section 498A of IPC against the respondent and his father, in which charge sheet has been filed in the Court. The appellant has further stated that the criminal case under Sections 494, 109, 120 of IPC has been lodged against the respondent and other persons. The appellant is not residing with the respondent. She is residing with her father. The appellant has also moved an application under Section 125 of Cr.P.C for maintenance for herself and her minor son.

(3.) THE respondent filed the application for restitution of conjugal right and subsequently amended the application, for a decree of divorce on the ground of desertion.