SURESH Vs. JAIBIR

JUDGEMENT

(1.) The marriage of petitioner Smt. Suresh with respondent Jaibir was solemnized on 18.6.1991. Earlier to her marriage with Jaibir, the petitioner was married to Sukhbir, who was real uncle of Jaibir and expired on 17.6.1991. Four issues were born out of the wedlock of the petitioner with the respondent. However, the marriage between the pasties was not successful. The petitioner filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce from the respondent. The respondent filed reply in that petition and levelled allegations against the character of his wife. He doubted the parentage of the child delivered by the petitioner at her parent's house after her ouster from the matrimonial house. Ultimately, the divorce petition was dismissed. When the respondent refused to keep and maintain the petitioner with him, she moved an application under Sections 12, 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'). In support of her application, the petitioner filed an affidavit.

(2.) IN the reply filed by the respondent, he admitted the factum of his marriage with the petitioner and the birth of three children from their wedlock. However, he denied the parentage of the fourth child delivered by the petitioner. He further pleaded that two children, aged about 13 years and 11 years, were residing with him and he was bearing their expenses of education and maintenance. He further pleaded that his marriage with the petitioner was under the social pressure and that she was a lady of bad character.

(3.) THE respondent went in appeal against the order dated 28.4.2007, which was accepted by the learned Sessions Judge, Jhajjar vide order dated 28.3.2008 and the order granting interim maintenance Rs. 1500/- per month to the petitioner was withdrawn.