MOHINI DEVI Vs. RAM CHANDRA VARDANI

JUDGEMENT

(1.) THIS appeal has been preferred by appellant Smt. Mohini Devi against the judgment dated 15. 6. 1996, whereby, the Judge, Family Court, Ajmer refused to grant the decree of divorce to the husband-petitioner Ram Chandra Vardani.

(2.) THE facts giving rise to filing of this appeal briefly stated are that the parties were married according to the Hindu Rites on 19. 4. 1984 at Kishangarh District, Ajmer. THEy had no issue out of the wedlock. Husband Ram Chandra brought a petition against his wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter called the "act") for dissolution of marriage on the ground of cruelty. However, the husband petitioner also alleged in the petition that on 17. 7. 1991, the Panchayat and respective persons of the society granted decree of divorce on the basis of their mutual consent.

(3.) WE have heard the rival contentions of the learned counsel for the respective parties. The learned counsel for the respondent raised a preliminary legal objections regarding maintainability of appeal.