VEENA SHARMA Vs. VASDEV SHARMA

JUDGEMENT

(1.) THE appellant-wife is in appeal against the order dated 13.9.1994 vide which a petition for dissolution of marriage filed by the respondent/husband was allowed by the learned Trial Court.

(2.) THE marriage between the parties was solemnised on 27.10.1979. A female child born out of their union in October, 1980 died after 10 days of the birth. Another female child born out of their union on 28.11.1984 is presently residing with the appellant-wife.

(3.) THE appellant-wife did not dispute the averment that the initial divorce petition had ended in a compromise. However, she pleaded that respondent- husband had entered into that compromise on 25.2.1984 only with a view to wriggle out of the predicament of having to pay the arrears of maintenance pendente-lite. The further averment is that, even after the compromise, the appellant-wife was turned out of the matrimonial house by respondent-husband who contracted a second marriage and is presently putting up with his second wife. In other words, the appellant-wife averred that her staying away from the matrimonial house is not without a reasonable cause.