LAWS(P&H)-1995-1-114

RITA RANI Vs. RAMESH KUMAR

Decided On January 13, 1995
Rita Rani Appellant
V/S
RAMESH KUMAR Respondents

JUDGEMENT

(1.) WIFE -appellant has assailed the decree and judgment of divorce passed by Shri V. P. Aggarwal, Additional District Judge, Ambala, in Hindu Marriage Act Case No. 47 of 1988 decided on 13 -5 -1991.

(2.) ADMITTEDLY , respondent -Ramesh Kumar married appellant -Rita Rani on 15 -2 -1985 at Saharanpur. It was marriage by 'Chader Andazi'. After marriage, they lived together at Yamunanagar. Respondent is Hindu Arora and appellant is Hindu Khatri.

(3.) APPELLANT -wife raised preliminary objections that before filing this petition dated 31 -5 -1988, respondent -husband gave her a notice dated 27 -4 -1988 through his counsel Shri Pradeep Kumar Garg wherein he has specifically averred that she is his legally wedded wife and out of this wedlock, she gave birth to a female child on 26 -4 -1986 who is still alive. By this notice, she was asked to join the respondent along with the female child, failing which appropriate legal action would be taken. She admitted that her marriage with Ramesh Kumar was performed on 15 -2 -1985. But she denied that she was earlier married to Ajay Kumar or she or her parents assured the respondent Ramesh Kumar that she has obtained a decree of divorce against Ajay Kumar. Maintainability of the petition was also assailed.