SARLA DEVI Vs. MANOJ YADAV

JUDGEMENT

(1.) CHALLENGE in the instant appeal is to the judgment and decree dated April 8, 2002 of the learned Family Court No. 1, Jaipur whereby the petition of the respondent husband seeking divorce from the appellant was allowed.

(2.) IN the petition filed under section 13 of the Hindu Marriage Act it was averred by the respondent husband that after the death of his first wife he entered into second marriage with the appellant on June 28, 1998. The appellant wife thereafter lived with him at Jaipur only for 7-8 months between the period from June 29, 1998 to July 15, 2000. During this period the appellant wife ill treated him and without his consent left the house. She was under the influence of relatives of his earlier wife Poonam who had already expired. The respondent husband alleged that the appellant wife lodged FIR at Police Station Sada making false allegations of demand of dowry. However with the intervention of SP the compromise took place on April 28, 2000 and both started living at Galta Gate in a rented room, but again on June 27, 2000 she left the house of respondent husband and took a sum of Rs. 10,000/- and ornaments. On instituting the report with the police she came back on July 1, 2000 and lived with the respondent till July 15, 2000 and went back. Despite sincere efforts made by the respondent she did not agree to join the company of respondent. Therefore on the ground of cruelty and desertion the respondent prayed for the decree of divorce.

(3.) SINCE the appellant wife did not have chance to contest the case as she was proceeded ex-parte because of her non-appearance, we in the interest of justice provide one more opportunity to her to file written statement and adduce evidence.