VIMLA BAI Vs. PANCHULAL

JUDGEMENT

(1.) The relationship between the spouses is a matter concerning human life which does not run on dotted lines or charted course laid down by the statutes. The appellant wife in the instant matter, however challenged the decree dated October 19, 2001 of the learned Family Court Kota mainly on the ground that the strict rules of pleadings have not been followed in drafting the petition of divorce by the respondent husband.

(2.) Contextual facts depict that the respondent husband in the petition under Section 13 of the Hindu Marriage Act averred that his marriage with the appellant took place some 16 years back. After the marriage the respondent husband and his mother started residing in the house of appellant wife and start cultivating the agricultural land of appellant's father. Since the respondent was poor, the appellant wife used to tease and torture him. The appellant wife was a lady of easy virtue therefore she got herself subjected to vasectomy operation. The appellant wife was arrested in a criminal case under Sections 302, 201 and 120-B, IPC and thus caused mental cruelty to the respondent husband. She deserted him for the last ten years. Thus he was entitled to decree of divorce.

(3.) The appellant wife filed reply to the petition denying the allegations. She stated that on persuasion of the respondent she got herself operated. She further pleaded that after performing second marriage the respondent husband ousted her from his house, thus she had no other option except to live with her parents. According to appellant, the respondent did not enjoy good reputation and he had illicit relations with Sajna and Parvati.