LAWS(MPH)-2009-7-15

POORTI ALIAS USHA SHARMA Vs. VINAY KUMAR

Decided On July 09, 2009
POORTI ALIAS USHA SHARMA Appellant
V/S
VINAY KUMAR Respondents

JUDGEMENT

(1.) APPLLANT/defendant (wife) has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 (for short "the Act, 1955") against the judgment and decree of divorce dated 30-4-08 passed by the Additional District Judge, Ambah, District Morena in Civil Suit No. 67-A/06, HMA, whereby the petition filed by the respondent/plaintiff (husband) under Section 13 of the Act, 1955 is allowed.

(2.) THE undisputed facts are that marriage of the appellant and the respondent was solemnized on 22-11-04 at Ambah as per the Hindu rites. THE appellant has remained with the respondent for eight days during the period of solemnization of the marriage. On 22-2-05, the respondent came on leave and remained till 22-4-05 with the appellant. THE respondent again came on leave on 12-10-05 and remained with the appellant till 5-11-05.

(3.) ON the basis of the pleauings, the Trial Court framed issues, evidence was recorded and on the affirmative finding on issue No. 1 regarding illicit relation with other person, petition for divorce under Section 13 of the Act was allowed.