MALTI DEVI Vs. RAMPHAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5.5.2005 passed by District Judge, Balotra, whereby the application filed by the appellant -applicant seeking dissolution of relationship and divorce has been rejected by treating the same to be under Section 13 of the Hindu Marriage Act, 1955 ('the Act').

(2.) BRIEF facts of the case may be noticed thus : the appellant filed a proceedings seeking dissolution of relationship and divorce without indicating any specific provision of law. It was claimed that the respondent Ramphal deceiving her with the promise of marriage brought her to Rajasthan from Uttar Pradesh; telling her that he was not married to defendant No.2 Fefui Devi; he has already divorced her; the parties started living as husband and wife under threat from the husband that she should not disclose the correct facts to any -one; from the said relationship, they had a daughter and two sons aged about 12 years, 9 years and 4 years respectively at the time of filing plaint.

(3.) BASED on the said averments it was claimed that the marriage between the parties was null and void and the applicant was entitled to dissolution of relationship and a declaration in this regard was sought. The relief part of the plaint may be noticed thus : ...[VERNACULAR TEXT OMMITED]...