RESHMA Vs. RAKESH

JUDGEMENT

(1.) THIS is wife's appeal against the impugned judgment and decree dated 27.08.2011 rendered by Sh. Parmod Goyal, the then Additional District Judge, Sonepat whereby the petition for divorce instituted by husband -Rakesh on the ground of cruelty and desertion was allowed and the marriage of Rakesh with Reshma was dissolved on both the aforesaid points.

(2.) AS per the case of Rakesh -husband, he got married to Reshma on 02.05.2004. The marriage was a simple marriage without any dowry. Wife was living in adultery prior to her marriage. She gave birth to a male child on 17.10.2004 after 9 months pregnancy, in Shanti Bhawan Health Centre, Rataul, Post Office, Khekhera, District Bagpat (UP). Thus wife stayed with the husband only for 21 days i.e. up -till 23.05.2004 at her matrimonial home. She deserted the husband from 23.05.2004 as she never came back to her matrimonial home, thereafter, she has been living with her parents since then. She had filed a false criminal case under Sections 406/498 -A IPC against the husband and his family members inspite of the fact that they never demanded any dowry. Wife admitted this fact in the presence of respectables of the village Phulera, her family members and relatives of the petitioner (husband) on 07.11.2004. As there is no possibility of reconciliation between the parties, therefore, the petition was instituted by husband -Rakesh.

(3.) FROM the pleadings of the parties following issues were framed: