OM PRAKASH BHARUKA Vs. SAKUNTALA BHARUKA

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree passed by the Additional District Judge Dibrugarh in TS (D) 8 of 1988.

(2.) THE respondent Shakuntala Bharuka presented a petition under Section 13 of the Hindu Marriage Act, for short the "Act", for a decree of divorce against the appellant Om Prakash Bharuka on the ground, inter alia, that after the solemnisation of the marriage, her husband Om Prakash Bharuka treated her with cruelty. The petitioner also has prayed for custody of their minor children and her stridhana described in the petition. A decree was passed ex parte against the husband. Hence this appeal by the husband.

(3.) AS regards the observation made against the appellant, the appellant has contended that all the allegations made in the petition are false, and that the observations have been made against him without any basis. The appellant has further contended that he may be given relief under Section 23A of the Act. As already stated, it was an ex parte decree. The appellant did not present written statement nor adduced evidence. In the absence of the pleadings and/or evidence, the contention of the appellant cannot be considered. That apart, so far as the findings of fact are concerned, those findings, which relate to the decree of divorce, cannot be assailed at this stage, as the decree of divorce has not been challenged and has been made final. However, as regards the observations made against the appellant relating to the custody of children, it will be discussed latter in this judgment.