NISHA KUMARI Vs. UTTAM CHAND F.A.O.

JUDGEMENT

(1.) The appellant/wife, feeling aggrieved against the decree of divorce in favour of the respondent/husband, is in appeal before this Court.

(2.) Divorce petition was filed by the respondent/husband stating that the marriage between the parties had taken place on November 25, 1988 and the parties lived together till middle of July 1989. No issue is said to have born out of the wedlock and the wife is said to have left her matrimonial home without the consent of the husband and started residing with her parents.

(3.) The wife, as alleged in the petition, was always avoiding to ischarge her matrimonial obligations and picked up unnecessary quarrels with the husband and his parents on one pretext or the other. She was never willing to live with the husband though the husband always tried to keep her happy and never misbehaved. It is also said that she initiated proceedings under section 125 of the Criminal Procedure Code and her application was allowed by the learned Magistrate on November 27, 1991 and an amount of Rs. 300 per month stood allowed to her by way of maintenance. A revision was filed against this order and during the proceedings before the learned Additional Sessions Judge, efforts were made for a settlement and the parties agreed to live together as husband and wife and the appellant/wife agreed to discharge her matrimonial obligations.