YOGITA Vs. RAMESH SINGH

JUDGEMENT

(1.) The appellant, Smt. Yogita, is aggrieved by the judgment and decree dated 21.04.2008 passed by District Judge Sirohi, whereby the learned Judge has allowed the petition filed by the respondent, Ramesh Singh, under Section 13 of the Hindu Marriage Act, and has granted a decree of divorce in his favour.

(2.) The brief facts of the case are that the appellantwife was married to the respondent-husband on 22.02.1999 at Sirohi according to the Hindu rites and customs. Out of the wedlock, a son, Mitesh, was born. The respondent husband filed a petition under Section 13, Hindu Marriage Act for divorce on the ground of cruelty on the part of appellant-wife. According to the respondent, the spouses were having good terms for the first two years of the marriage. But thereafter, the appellant wife kept on pressurizing the respondent to leave his parents and to shift to Sirohi. She even left the house of respondent-husband without informing him. She started living at Sirohi without any rhyme or reason. After some persuasion, she was brought back only for few days. But again she went back to Sirohi. She kept on pressurizing the respondent husband to get himself transferred to Sirohi. Although the appellant did not want to leave his widowed mother and a son from his earlier wife, even then he got himself transferred to Sirohi.

(3.) He remained at Sirohi for about six-seven months in a rented premises. But even then the appellant-wife did not come to him and did not fulfill her conjugal responsibilities.