(1.) CHALLENGE In this appeal is to the judgment and decree dated 11th May, 2007, whereby the District Judge, Dholpur ordered to dissolve the marriage between the appellant-wife and the respondent- husband by way of decree of divorce.
(2.) THE factual matrix of the case, as culled out from the pleadings and evidence, can be succinctly stated as under:
(3.) E Converso, the learned counsel for the respondent-husband defended the judgment and decree and contended the same to be apt and proper. He further contended that the marriage was never consummated and not allowing the husband to consummate marriage sans any plausible reason amounts to cruelty. He further contended that a plain and simple reading of the letter Ex. A/2 shows the intention of the appellant-wife for deserting the respondent-husband. He has cited the judgment of Samar Ghosh Versus Jaya Ghosh reported in 2007 (3) Supreme 26 in support thereof.