PRAVEENA TANK Vs. ARVIND KUMAR TANK

JUDGEMENT

(1.) Instant appeal is directed against the judgment & decree passed by the ld. Family Court, Ajmer, dt.15.6.2007 dissolving the marriage between the parties to the appeal by decree of divorce on the ground of cruelty u/S.13 of the Hindu Marriage Act, 1955 (The Act).

(2.) The facts giving rise to the present appeal in nutshell are that the appellant wife got married with the respondent husband on 20.5.1994 according to Hindu religion at Udaipur. Parties to the appeal have a son from their wedlock namely Abhimanyu born on 19.9.1999 and their marriage was arranged one.

(3.) The respondent husband having noticed frequent visits of defendant-2 which he has impleaded in his matrimonial case-237/2001 namely Virendra Singh Tank S/o Shri Hari Narain Singh Tank who as alleged by the appellant initially as her uncle and was treating him like a brother but in the testimony of NAW-1 herself and NAW-2 her father Gulab Chand it was stated that Virendra Singh Tank S/o Hari Narain Singh Tank was the appellant's mother's uncle's son who was unmarried at the relevant point of time was in govt. service and posted at Alwar. Presence of Virendra Singh Tank was noticed while they were at Beawar which is a native place of respondent or at Udaipur where father of the appellant was residing at the relevant point of time or at Jamnagar where respondent was in service and that was the cause suspecting the character of the appellant and which ultimately resulted in daily matrimonial differences between husband and wife and that suspicion in the mind of respondent husband resulted in making enquiries about her life style prior to her marriage and it revealed to respondent-husband that the appellant wife had some illicit relation with Virendra Singh Tank and after son was born on 19.9.1999, because of strong suspicion respondent husband got DNA test conducted that ultimately found to be positive and it was the major cause in the mind of respondent, husband ultimately giving rise to the matrimonial dispute.