LAWS(MPH)-2009-1-56

LAXMI SONDHIYA Vs. SHIV SARAN SONDHIYA

Decided On January 05, 2009
LAXMI SONDHIYA Appellant
V/S
SHIV SARAN SONDHIYA Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 28 of Hindu marriage Act, 1955 filed by the appellant/wife against the decree of divorce passed against her by Vth Additional District judge, Rewa in Civil Suit No. 54-A/95 vide judgment dated 26. 9. 96.

(2.) IT was not disputed in the case that the appellant was married to the respondent at Jabalpur in the year 1981 according to Hindu rites and customs and they lived together as husband and wife.

(3.) RESPONDENT/husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 against the appellant/wife before District Judge, Rewa on 17. 6. 91. As per allegations made in the petition, respondent and appellant lived as husband and wife for a period of two and half years at jabalpur, Shahdol and Rewa. They last resided as husband and wife at village Kuthaliya, District Rewa till August 1984, when the appellant/wife eloped with her friend Anwar Khan in the month of August 1984. Respondent/husband made unsuccessful attempts to bring her back, but the wife never returned back to live with the respondent/husband.