MAMTABAI Vs. PRATHVISINGH

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 22.7.2006, passed by Additional District Judge, Shujalpur, District Shajapur, in Civil Suit No. 14/2005 H.M.A., whereby learned Court below dismissed the petition of the appellant for disposal of the articles given at the time of marriage under Sec. 27 of H.M.A. the present appeal has been filed.

(2.) Short facts of the case are that the respondent filed a suit for divorce under Sec. 13 of the Hindu Marriage Act, against the appellant on 15.4.2005, alleging that the marriage between the parties was solemnized in the year 1991, and the appellant remained with the respondent till 1996. Further case of respondent was that thereafter appellant left the house of the respondent. It was alleged that behaviour of the appellant was cruel with the respondent. It was also alleged that looking to the behaviour respondent cannot live with the appellant hence a decree of divorce was prayed.

(3.) The written statement was filed by the appellant wherein allegations made against the appellant were denied. It was also alleged that out of the wedlock appellant has delivered a baby. It was alleged that after, the delivery of baby the behaviour of the respondent was cruel to the appellant. It was prayed that divorce petition be dismissed.