RAJENDRA KUMAR JAJODIA Vs. PUJA JAJODIA

JUDGEMENT

(1.) THE plaintiff seeks a divorce on the apparent admission in pleadings by the wife. The husband says that in view of the averments in the written statement and in the affidavit-in-opposition to the present petition, there is admission of the irretrievable breakdown in the marriage that is writ large for a decree that he longs for to be made well ahead of the trial.

(2.) THE husband has relied on paragraphs 2, 3 and 4 of the written statement and a sentence each from paragraphs 14 and 16 thereof for the immediate judgment that he desires :

(3.) THE husband also refers to sub-paragraphs 2 (b), 2 (e) and 2 (f) of the affidavit used by the wife in the present proceedings. At paragraph 2 (b) the wife says that it is for the plaintiff to prove to the satisfaction of the Court that grounds for divorce exist and such is the mandatory requirement of law. She says that the onus is on the husband to prove the grounds that he alleges and no summary decree on the basis of "purported admissions" can be made. She asserts at paragraph 2 (e) that in her written statement she has denied what the plaintiff has alleged in the plaint. She adds that the plaintiff and his family members had continuously mistreated and chided her for her inability to conceive a child which had led to the two growing, and ultimately, living apart. The wife has complained of the husband's continuing misbehaviour both towards her and their adopted daughter. At paragraph 2 (f) she says that it was the plaintiff who had deserted her and their child without any bona fide reason. At paragraph 6 of her affidavit, the wife has denied the admission that the husband has attempted to cull out from her written statement.