MEENA CHOUDHARY Vs. SATYA NARAIN KANWAR

JUDGEMENT

(1.) The marriage between the parties was solemnised on 31.1.1971. Husband Satya Narian Kanwar filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter refer to as 'the Act') on 15.4.1977. The petition was contested but ultimately on 19.5.1979, counsel for the wife pleaded lack of instructions. Consequently, an ex parte decree of divorce was passed in favour of the husband on that very day. An application to set aside the ex parte decree was filed the same day. However, it was dismissed by the trial Court on 21.5.1981. Aggrieved with the same, the wife filed an appeal in this Court which was accepted on 13.1.1983.

(2.) The learned Additional District Judge, after hearing the arguments came to the conclusion that the wife had deserted the husband for a continuous period of not less than two years immediately preceding the presentation of the petition. However, meanwhile the husband had performed second marriage on 13.4.1980. In view of that conduct of the husband, the learned Additional District Judge while granting relief in the divorce petition, observed as under :-

(3.) Aggrieved with the decree of divorce, the wife has filed this appeal. The husband did not file any appeal or cross-objections challenging the decree passed under Section 27 of the Act. However, on 14.8.1987, counsel for the appellant-wife wanted time to move an application under Section 25 read with Section 27 of the Act so that the same may be disposed of along with the appeal. On 11.9.1987, an affidavit was filed on behalf of Satya Narain respondent-husband, that on enquiries he found that the appellant Meena Chaudhary, was employed in B.Ed. College Sangria and drawing more than Rs. 1000/- per month as her pay. She was on medical leave from the college. According to the affidavit, it was also disclosed to the deponent (husband) that she had contracted any second marriage about one year ago and is said to be living at Hanumangarh, which is about 25-30 kilometers from Sangaria. Today an application under Section 25 read with Sections 27 and 28-A of the Hindu Marriage Act, has been filed on behalf of the appellant. The same is supported by an affidavit of Smt. Meena Chaudhary. Therein she has denied that she has contracted any second marriage as alleged by respondent Satya Narain. However, it was admitted by her that she was in service.