HEMLATA Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) The marriage between appellant Hemlata alias Ritu and respondent Praveen Kumar Khandelwal, who are present in person took place on July 3, 2005 at Jaipur in accordance with Hindu Rites. Out of said wedlock a female child was born on April 26, 2006 but because of strained relations appellant came from Agra (in-laws house) to Jaipur on April 30, 2006 and started residing with her parents. Despite several efforts for reconciliation by the friends, relatives and well wishers, there was no improvement in the broken relationship and the spouses mutually agreed that the marriage should be dissolved. A joint petition therefore under Section 13-B of the Hindu Marriage Act, 1955 (for short 'the Act' was filed in Family Court No. 1 Jaipur. Learned Family Court dismissed the petition on October 27, 2006. Hence this appeal.

(2.) Having closely scanned the material on record we notice that marriage has not been consummated for more than one year. Finding the appellant pregnant immediately after the marriage the respondent had broken up all the relations with the appellant and they started living separately under one roof till the appellant gave birth to female child and thereafter she on April 30, 2006 i.e. immediately after the child was born came to her parental house.

(3.) In Kirtibhai Girdharbhai Patel v. Prafulaben Kiritbhai Patel, AIR 1993 Gujarat 111, it was held as under :