LALITA DEVI Vs. RADHA MOHAN

JUDGEMENT

(1.) Smt. Lalita Devi has filed this appeal against the judgment and decree of the learned District' Judge, Jaipur City, dated January 24, 1974, dismissing the suit of the petitioner appellant filed under the provisions of Hindu Marriage Act for the dissolution of the marriage with respondent Radha Mohan

(2.) The facts giving rise to this appeal are in nut-shell as follows : Lalita Devi was married to Radha Mohan at Jaipur on 5th April, 1963. Out of this wedlock she gave birth to four children, out of whom two have already died. The grievance of Lalita Devi against Radha Mohan was that Radha Mohan was addicted to liquor and that he was not doing any work to earn the livelihood to maintain the petitioner Lalita Devi. Her further grievance was that Radha Mohan was a person of loose character indulging in sex with other ladies and that he was in love with one Chandra with whom letters were exchanged by Radha Mohan assuring Chandra to marry her and to keep her as his second wife. Lalita Devi filed a suit for the dissolution of the marriage in the District Court at Jaipur. But a compromise was effected between the parties on the assurance given by Radha Mohan that he would properly look after his wife Lalita Devi. It is alleged that for sometime Radha Mohan properly looked after her but later on he again indulged in immoral life and acted cruelly while dealing with his wife. In these circumstances the present petition for divorce was filed under Section 12 of the Hindu Marriage Act, (hereinafter referred to as 'the Act') praying that a decree of divorce be passed in her favour and in the alternative if decree for divorce cannot be passed then a decree for judicial separation be passed.

(3.) Radha Mohan in spite of notice did not put his appearance in the court and therefore ex parte proceedings were taken against him.