CHANCHAL MAHAJAN (MRS.) Vs. SHRI SURINDER KUMAR MAHAJAN

JUDGEMENT

(1.) THIS appeal has been filed by the wife, Mrs. Chanchal Mahajan, against whom a decree of divorce, on the ground of cruelty, was passed by the court of Shri G.S. Sandhu, Additional District Judge, Chandigarh in a petition filed by the husband, Surinder Kumar Mahajan, under Section 13 of the Hindu Marriage Act, 1955 (for short "the Act").

(2.) SHORN off unnecessary details, case of the husband, who was petitioner before the trial Court, was that marriage of the parties was solemnised, on 10.7.1985, as per Hindu rites and ceremonies. This was his second marriage. First wife, Arun Bala, had died on 19.2.1984, after birth of a son, Shammi. Out of the wedlock of the parties, a female child, Shashi, was born on 24.2.1987.

(3.) THE appellant controverted all the adverse averments. Besides, she also took up a preliminary objection about the maintainability of the petition, as an earlier petition filed by the respondent under Section 9 of the Act, on similar allegations, had been dismissed by the Sub Judge, First Class, Chandigarh, on 9.6.1994. It was further pleaded that respondent's first wife, Arun Bala, had died an unnatural death. According to the appellant, the respondent and his parents had concealed the factum of his first marriage, from her. The respondent used to beat her, after consuming liquor, and he and his parents had been making demands of money also, from her and her parents.