AMITA Vs. A K RATHORE

JUDGEMENT

(1.) This is an appeal under Section 28 of the Hindu Marriage Act, 1955, (hereinafter called as 'Act' for short), challenging the judgment and decree dated 19-3-1998, allowing the petition of the respondent under Section 13 of the 'Act' and granting him a decree of divorce against the appellant-wife.

(2.) Undisputedly, the appellant was married to the respondent on 26-1-1989 in accordance with Hindu rites. A son Goldi was born out of the said wed-lock on 28-11-89. Appellant-wife has also given birth to her second son on 30-9-1997, while the petition for divorce by the respondent was pending in the lower Court.

(3.) The respondent-husband filed an application for divorce. It was averred by him that he was married to the appellant in 'Samuhik Vivah Sammelan' held by 'Rathore Chhatriya Sabha' Jabalpur. The respondent/petitioner lived with his wife - the appellant, and gave birth to their son Goldi. The appellant-Amita, however, started demanding money on threats that on the failure of respondent/petitioner she would involve the latter in a criminal case. It was also averred that the appellant-Amita was a woman of loose character and had extra-marital relations. The love letters written and addressed to the appellant were also recovered by the respondent/petitioner. The respondent/petitioner, therefore, prayed that a decree for divorce be granted to him under Section 13(1)(i) and 13(1)(ia) of the 'Act'.