SHANTIBAI Vs. RAMBILAS

JUDGEMENT

(1.) THE appellant is hereby assailing the correctness, propriety and legality of the decree of divorce which has been passed by IInd Additional District Judge, Mandsour, in the matter of Suit No. 30/84, dissolving her marriage with respondent-Rambilash.

(2.) MR. P. K. Saxena with Mr. Ashish Gupta has been heard for the appellant. Respondent was absent when this appeal was called on for hearing and none appeared for him, though this matter has been listed for final hearing as per the cause list.

(3.) THE marriage between the parties took place in the year 1972 or 1974 at village Dharakhedi. After the appellant attained puberty she went to cohabit with the respondent/husband and stayed with him as his wife for 4 years as contended by the appellant in the matrimonial petition filed by her for decree of restitution of conjugal right. She also contended that she conceived a male child which has been named as Suresh. According to her averment she was driven out of his house by the respondent in the month of December, 1982 when her husband /respondent alleged that she had conceived said male child named Suresh not from him but from some other person. After such departure she was not permitted to cohabit by the respondent and therefore, she filed the petition for restitution of conjugal right.