PRADEEP SEN Vs. SUDHA MEHTA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and decree dated April 15, 1999 of the Judge Family Court No. 1, Jaipur whereby petition filed under Sections 12 and 13 of the Hindu Marriage Act, 1955 (for short 'the Act') by the appellant husband against the respondent wife was dismissed.

(2.) THE appellant husband pleaded in the petition that respondent wife was married to the appellant husband in the month of January, 1991. The marriage got registered with the Registrar of Marriage Jaipur on April 16, 1991. Prior to the marriage with the appellant the respondent wife got married with Subodh Sood in 1980 and after divorce with him she again married to Ashok Kumar Bodhra on May 28, 1986 but this time also she was divorced. In October,1989 she came into contact with appellant and they decided to marry. Immediately after the marriage the respondent wife started beating to grand mother and mother of the appellant in order to oust them from the house. The respondent compelled the mother of appellant to commit suicide and FIR was registered at Police Station Vidhayakpuri Jaipur. The respondent did not allow appellant to sleep with her. She was in the habit of remaining out of the appellant's house for many days. She left the house of appellant in June, 1992 and lodged a false case on the allegation of demanding dowry on June 30, 1992. But on September 25, 1992 she however joined the company of appellant. Again without informing the appellant the respondent left the house and thereafter on June 13, 1995 she took away all her materials, for which the report was lodged by mother of appellant on June 25, 1995 at Police Station Vidhayakpuri Jaipur. Therefore on the grounds of cruelty, desertion and fraudulent concealment of material facts of earlier marriages the appellant filed the petition.

(3.) ON the basis of pleadings of the parties learned Family Court framed four issues. The appellant himself appeared as witness and examined three witness in support of his case. The respondent - wife on the other hand examined herself and one Sahsikant Maheshwari. Learned Family Court hearing the arguments dismissed the petition as indicated above.