ANITA RANI Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -wife against the judgment and decree dated 14.10.2013 passed by the trial court whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") filed by the respondent -husband for dissolution of marriage has been allowed.

(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 9.12.2001 as per Hindu rites and ceremonies in the presence of relatives and friends of both the parties at Village Budha Khera, Tehsil and District Kaithal. Out of the wedlock, a daughter namely Simran and two sons namely Dhruv and Prince were born. The marriage was stated to be simple and dowry -less. Younger sister of the appellant - Usha Devi was married to the younger brother of the respondent namely Devinder Kumar on the same day i.e. 9.12.2001. The said Usha Devi died on 6.6.2007 and dowry death case under section 304 -B/34 IPC was registered by police against the parents of the respondent and Devinder, husband of Usha Devi. All the three were convicted by the trial court vide judgment dated 4.11.2008. However, in appeal before this court, they have been granted bail. Prior to the death of Usha Devi, the respondent alongwith the appellant was residing separately from his parents. The news of death of Usha Devi was conveyed to the parents of the appellant by the respondent.

(3.) WE have heard learned counsel for the parties and perused the record.