PROMILA Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE appellant/wife has invoked the appellate jurisdiction of this court to challenge the judgment and decree dated 28.8.2008 passed by the learned District Judge, Sonepat accepting a petition filed under section 11 of the Hindu Marriage Act, 1955 (for short the Act).

(2.) THE respondent/husband filed a petition against the appellant/wife, and her first husband namely Jasbir Singh alias Jasu under section 11 of the Act, on the plea that her marriage with the respondent Jasbir Singh alias Jasu was still subsisting on the date of her marriage with him.

(3.) THE case of the appellant was that the appellant/wife deserted him on 7.11.2005 without any just excuse and cause, all efforts made by the husband to bring her back could not succeed. That the appellant finally refused to return to matrimonial home on 25.2.2006, which prompted the respondent to file a petition under section 9 of the Act, which was dismissed.