PARVESH Vs. JAGAT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -wife against the judgment and decree dated 6.3.2014 passed by the trial court whereby the petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (in short, "the Act") filed by the respondent -husband for dissolution of marriage on the ground of cruelty and adultery 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 in February 2004 according to Hindu rites and ceremonies at Yamuna Nagar. Out of the wedlock, one son namely Vaibhav was born on 31.7.2005 to the appellant. However, the second son is alleged to be belonging to respondent No.2. In the year 2009, respondent No.1 shifted his residence from Raghunath Puri, Jagadhri to 48, Arjun Nagar, near Om Jewellers, opposite ESI Hospital, Jagadhri. The appellant joined service in 2008 as ANM and later on she had been transferred to the Dispensary, Opposite ITI, Yamuna Nagar. The behaviour of the appellant was insulting and full of hatred towards respondent No.1. She used to leave the house without asking respondent No.1 and most of the times, she used to come back at late night hours. She never used to respect respondent No.1 husband. On 16.3.2008, she left the matrimonial house without telling anything to respondent No.1. Later respondent No.1 came to know that she was in illicit relationship with respondent No.2 -Jaspal Singh who resides at a short distance from the residence of respondent No.1. On 7.3.2011, during the day, respondent No.1 was out due to some urgent work and when he came back in the night at about 12 O'clock and after knocking the door when the appellant did not open the door, Sunil Kumar and Anil Kumar Aggarwal, neighbours were called by respondent No.1 who broke open the door. He saw that in the room both the appellant and respondent No.1 were in objectionable position. Respondent No.1 was shocked. Both the appellant and respondent No.2 confessed that for the last two years three months they were in illicit relations with each other. They made statements in their own handwriting in front of the witnesses. Appellant also confessed that the second son Aarav was born due to illicit relations between her and respondent No.2. Since 8.3.2011, the appellant and Aarav are residing separately from respondent No.1. The acts committed by the appellant caused mental cruelty to respondent No.1 and it became difficult for him to live with her. He filed petition under Section 13 of the Act for dissolution of marriage. Upon notice, the appellant appeared and filed written statement controverting the averments made in the petition. The trial court after examining the entire evidence on record allowed the petition filed by respondent No.1 husband vide impugned judgment and decree dated 6.3.2014. Hence the instant appeal by the appellant wife. She has also filed application under Section 5 of the Limitation Act, 1963 for condonation of 68 days in filing the appeal.

(3.) WE have heard learned counsel for the appellant -wife and perused the record. The trial court on the pleadings of the parties framed the following issues: -