KANTA SACHDEV Vs. DEVIDAS

JUDGEMENT

(1.) THIS appeal preferred by the wife under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act') against grant of decree of divorce shall also decide the connected Appeal No. F. A. 45/94 Devidas v. Smt. Kanta Sachdev, filed by the husband against grant of permanent alimony to the wife.

(2.) THE parties are members of Sindhi Community. They were married on 28. 4. 1982 and both are residents of Bhopal. There is no issue from the wedlock. The husband is engaged in the business of supply of Milk to Dairies and also helps his father in their joint business. Since the differences arose between the parties the spouses are separated. The wife is living with her brothers. The wife remained present in the Court with her Counsel. It is expressed by the Counsel and the wife present in the Court that there is no possibility of reconciliation between the parties as according to the wife the husband has contracted a second marriage with a girl by name Vandana. The husband has denied the allegation of his second marriage.

(3.) THE husband filed the petition for grant of a decree of divorce on 6. 10. 1986. The wife resisted the proceedings on the ground that the husband and members of his family beat and ill-treated her for dowry demands and she had been virtually driven out of the house. It is also alleged by the wife that the husband contracted second marriage and hence is interested in obtaining decree of divorce against the wife.