ARCHANA MAHAJAN Vs. VINOD MAHAJAN

JUDGEMENT

(1.) The appellant is hereby assailing correctness, propriety and legality of the judgment and decree passed by 9th Addl. District Judge, Indore in the matter of Matrimonial Petition No. 199/93 wherein he has passed a decree of divorce in favour of respondent Vinod Mahajan and against the present appellant-Archana Mahajan dissolving their marriage in view of provisions of S. 13(1)(i-a) of Hindu Marriage Act, 1955 (hereinafter referred to as Act for convenience).

(2.) Few facts need to be stated for the purpose of unfolding the matter. Both the appellant and the respondent were married 10-12-85 at Indore as per Hindu rites and ceremonies. After marriage they cohabited together at Indore till they were separated on 22-1-93, when respondent/left their house situated in Rajwada Chock Indore for staying with his parents in the house situated in Patrakar Colony, Indore. The spouses are having two children one daughter and a son; both are taking education.

(3.) The respondent filed a petition for the purpose of getting a decree of divorce in his favour and against the appellant for dissolution of their marriage on 16-6-93. In that petition he alleged (i) that petitioner being a woman from Maharashtrian family, was adopting dominant attitude in their matrimonial life and dictating terms to the extent that she was asking him to part with the salary by handing it over to her; (ii) that she was spedning money on luxurious articles like saries, fridge etc. and was not listening to the advice of the respondent in that context, (iii) that the appellant was making allegations against respondent that he was having illicit relationship with women more particularly with one Miss Kirti Saxena.