RAKHEE SHARMA Vs. AMIT SHARMA

JUDGEMENT

(1.) The appellant-wife aggrieved by judgment and decree dtd. 20/10/2016 passed by the court of learned Additional District Judge, (Matrimonial cases), Jammu has preferred the appeal on the grounds mentioned therein. The trial court has allowed the petition filed for dissolution of marriage in terms of Sec. 13 of the Hindu Marriage Act by the respondent-husband against the appellant-wife.

(2.) The trial court vide order dtd. 2/5/2012 framed issues in the petition which read as under:

(3.) The issue No.1 pertains to the maintainability of the petition, itself, filed by the respondent herein. The trial court has not been properly dealt with the issue and the finding given by the court on the said issue does not sustain in the eyes of law is the contention raised by the appellant in the appeal. The argument raised is that the petition filed by the respondent was not maintainable for the reason that the respondent had infact sought divorce on the ground of adultery but did not implead the alleged adulterer as co-respondent in the divorce petition.