SHAKUNTLA Vs. GAJA NAND

JUDGEMENT

(1.) Respondent-Gaja Nand had filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 ('Act' for short) for dissolution of his marriage on the ground that the appellant-wife had left the matrimonial home immediately after marriage and did not return thereafter and in this manner, the marriage of the parties has not been consummated.

(2.) The brief facts of the present case are that the marriage between parties was solemnized on 26/5/1983. No child was born out of the said wedlock. The appellant-wife had visited the matrimonial home on the day of the marriage and thereafter, she had left for her parental home and never visited the matrimonial home again. The appellant-wife had filed a petition under Sec. 125 Cr.P.C. for maintenance and the respondent-husband has been paying the maintenance since 1992.

(3.) As per the appellant-wife, the respondent-husband tried to contract the second marriage qua which she had filed a suit for permanent injunction which was decreed on 20/3/1992. The appeal preferred by the respondent-husband was also dismissed. It was further the stand of the appellant-wife that in August 1986, father of the respondent and brother Rajender Kumar, Balbir Singh Saini, Advocate and Subh Ram Saini, Advocate visited the house of the respondent-husband, but he refused to maintain her and had misbehaved with her brother-Rajender Kumar.