NEELAM TIWARI Vs. SUNIL TIWARI

JUDGEMENT

(1.) THIS is an appeal under section 28 of the Hindu Marriage Act, 1955 (in short 'the Act'), challenging the judgment and decree dated 24-11 -2006, allowing the petition of the respondent under Section 13 of the 'act, and granting him a decree for divorce against the appellant-wife.

(2.) UNDISPUTEDLY the appellant was married to the respondent-husband on 22-4-2004 in accordance with Hindu rites at village Dhaba Goutman Tola of District Rewa. After marriage she had gone to her in-laws place and stayed with them for a period of 8-10 days and thereafter she came to her parents' place at village Dhaba Goutman tola. According to respondent, after marriage though he lived with his wife, but he had no physical relation with his wife. The appellant-Neeelam was having illicit relations with Anurag Mishra and when she was residing at her parents' place, she with her consent had gone to Surat with Anurag mishra on 12-9-2005 and she stayed with him for a period of more than one month at surat in one room and during this period she had physical relations with him. Thus she had extramarital relations with one anurag Mishra to whom she knew prior to her marriage and, therefore, it is practically impossible for him to live with his wife and, therefore, he prayed that a decree for divorce be granted under Section 13 (1) (i)and 13 (1) (i-a) of the 'act' ).

(3.) THE appellant/non-applicant filed her written statement in which she admitted her marriage with the respondent on 22-4-2004 but she denied that after marriage she had gone to her in-laws place and stayed there for 8-10 days with her husband. She also denied that due to her resistance, respondent had no physical relation with her. It is contended that she was abducted by one anurag Mishra on 12-9-2005 and when her uncle Shivanand Tiwari and police personnel of police station Hanumana came to surat she was taken to her parents' place at district Rewa. She lodged FIR against anurag Mishra. After investigation challan has been filed and a criminal case under sections 368, 498 and 347 of IPC had been registered against the applicant. She denied that she had extramarital relation with anurag Mishra and contended that on 12-9-2005 she was coming from Hanumana college she was abducted by said Anurag mishra and was at Surat for a period of more than one month. The appellant-wife therefore prayed that petition for divorce be dismissed.