KAMLA SHARMA Vs. SURESH KUMAR SHARMA

JUDGEMENT

(1.) INSTANT appeal impugns the decree and judgment dated February 28, 1994 of the learned Judge, Family Court, Ajmer whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (in short 1955 Act) was allowed and the decree of divorce was passed in favour of the respondent husband.

(2.) THE appellant wife and the respondent husband shall be referred hereinafter as the 'wife' and the 'husband'.

(3.) THE wife submitted written statement denying the allegations averred in the petition. It was pleaded by her that at the time of her marriage she was studying and her study was incomplete. As she had been a brilliant student throughout she wanted to continue the study but her in -laws were against this. The wife denied this fact that her husband even came to Ratlam to bring her back. The husband started misbehaving with her from the very beginning. When she gave birth to a daughter at Ajmer, she was not properly cared and as her father could not fulfil the husband's greed of dowry she was deliberately left at her father's house. The wife denied to have received any notice. On the basis of the pleadings of the parties as many as three issues were framed by the learned Family Court. The husband examined as many as five witnesses and the wife also produced same number of witnesses. The learned Family Court after hearing the final submission allowed the petition of the husband deciding the issue relating to desertion in favour of the husband.