POONAM Vs. NAVEEN

JUDGEMENT

(1.) Appellant has filed the present appeal seeking the following relief:-

(2.) The present appeal has been filed on the ground that the court below has substantially erred in law and facts both in not appreciating that till today there is no notice received by the appellant-wife of Sec. 9, HMA case filed by the respondent-husband. As such she had no knowledge about the same and Sec. 9 case was filed after filing of the divorce petition by the appellant-wife. Hence, mere filing of Sec. 9 case cannot mar the rights of the wife under the law.

(3.) The further ground in the present appeal is that the court below has committed substantial error of fact and law in not properly appreciating the clear pleadings and evidence on record that the respondent treated the appellant with cruelty and deserted her as not joined her at Indore, where appellant was working in government job with LIC Housing Finance Limited and the respondent was not working.