SAROJ BHANDARI Vs. NARINDER PURI ALIAS BHANDARI BABA

JUDGEMENT

(1.) THIS is an appeal filed by the wife against the husband challenging the order dated 31.3.2000, passed by the learned Additional District Judge, granting decree of divorce in favour of the respondent-husband and against the appellant-wife.

(2.) THE facts in brief are that the respondent-husband had filed a petition under Sections 12 and 13 of Hindu Marriage Act against the appellant-wife, for declaration of the marriage between them as null and void and in the alternative for dissolution of marriage by a decree of divorce. It was alleged in the petition that the marriage between the parties was solemnised on 18.8.1996 and that the parties lived together as husband-wife and one male issue was born out of this wedlock. It was alleged that few days prior to 18.8.1996, the appellant-wife had come to him in the temple where the petitioner used to live being a Sanyasi and she had told him that she was unmarried and herself wanted to become a Sanyasin and she become disciple and also distributed ladoos and thereafter she made a proposal for marriage with him, which was accepted by him and thereupon, the parties were married. It was alleged that in the month of March, 1997, it was revealed to him that the present appellant was already married at Kapurthala and she had also a child from the previous marriage and that her previous husband was still alive and without any legal and valid divorce, the marriage between the parties was illegal and void. It was alleged that at the time of marriage, she has concealed the factum of her previous marriage and had induced him to marry her by fraud and mis-representation. It was further alleged that after the marriage, she had started mis-behaving with him and had started treating him with cruelty. It was alleged that she refused to cook the meals and started mis-behaving with the visitors and when he requested her not to misbehave with the visitors, she refused to do so. It was further alleged that she got a false case registered against him along with his chela under Section 18 of the NDPS Act, in Police Station, Kalka and he remained in judicial custody for about 10 days on account of the said false case, registered against him, which was got registered by her in connivance with DSP, Panchkula. It was alleged that she again got a false case registered against him under Section 313 IPC etc. and he got bail from the High Court, when she herself made a statement that she had delivered a normal baby. It was alleged that it was a false case got registered by her against him, inasmuch as there was no cruelty and no physical injury to her. It was alleged that during the pendency of the said criminal case, she misbehaved with him and also abused the witnesses. It was alleged that she had treated him with cruelty and he was entitled to the dissolution of the marriage by a decree of divorce on that account.

(3.) AFTER recording evidence and hearing both sides, the learned Additional District Judge, found that no case for declaring the marriage between the parties as illegal and void is made out, inasmuch as the present appellant was already divorcee from her previous husband at the time of her marriage with the present respondent. With regard to the allegations of cruelty, it was found by the learned Additional District Judge that the allegations of cruelty made by the husband against the wife were fully proved on the record. Resultantly, the marriage between the parties was ordered to be dissolved by a decree of divorce, vide judgment and decree dated 31.3.2000 on the ground of cruelty. Aggrieved against the same, the wife filed the present appeal is this Court.