HEMLATA (SMT.) Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) The appellant-wife has preferred this Miscellaneous Appeal under Section 28 of the Hindu Marriage Act, 1956 (sic 1955) against the judgment and decree dated 14.7.2011 passed by the learned District Judge, Dungarpur in Civil Miscellaneous Case No. 31/2007 whereby application under Section 13 of the Hindu Marriage Act filed by the respondent was allowed.

(2.) The brief facts of the case are that the respondent-husband filed an application under Section 13 of the Hindu Marriage Act before the Court of learned District Judge, Dungarpur seeking divorce on the ground of desertion and cruelty. It was stated in the application that his marriage with the appellant was solemnised in the month of April, 1993 and soon after the marriage, she started living separately with her parents and when he and his family members tried to bring her back, she, on the pretext of false allegations, refused to come back. She in registered a false case under Section 498A I.P.C. and also filed application under Section 125 Cr.P.C. It was also stated that there was no issue from their wedlock and stated that due to these facts there is no possibility to establish the matrimonial life between both of them and prayed for dissolution of marriage by granting decree of divorce.

(3.) The appellant-wife filed reply to the application and denied the averments made in the said application and stated that she lived with the respondent-husband and was performing her matrimonial life but when, in the year 2002, her husband started torturing her and expelled her from matrimonial home, she was live with her parents and thus she started living with parents. It was also lied that the case under Section 498A I.P.C. was also rightly lodged on the true facts. It was also stated that she wanted to live with the respondent-husband but himself did not want to keep her. Thus, she prayed for dismissal of the plication.