SEEMA RATHEE` Vs. AJAY KUMAR RATHEE

JUDGEMENT

(1.) THIS appeal by the appellant/wife is directed against the judgment and decree passed by the learned Addl. District Judge, Sonepat, allowing a petition filed under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act') for dissolution of marriage by a decree of divorce.

(2.) THE respondent/husband filed a petition under Section 13 of the Hindu Marriage Act on the pleading, that the marriage between the parties was solemnized on 29.4.1998 at Rohtak according to Hindu Rites and ceremonies. After the marriage the appellant started residing with the respondent in the matrimonial home at Ganaur and the marriage was duly consummated. The appellant resided with the respondent for five days at Ganaur and thereafter for a period of ten months in three spells at Madras. A female child namely Jyotisana, was born out of the said wedlock. It was the case of the respondent/husband that since 8.12.2002, the appellant was residing at Rohtak in her matrimonial home without the consent of the respondent. The father of the appellant had expired on 8.12.2002, and the appellant left the matrimonial home on that very day. It was also pleaded case of the respondent/husband, that from the first day of marriage the appellant did not pay any regard to parents of the respondent and other family members.

(3.) PRIOR to filing of this petition the respondent had filed a petition under Section 9 of the Act in which the appellant refused to join the company of the respondent. The petition filed under Section 9 of the Act was thereafter dismissed in default on 7.10.2005.