SUSHILA AGRAWAL Vs. RAMESH CHANDRA AGRAWAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 29-7-1999, passed by Judge, Family Court, Kota, in Civil Suit No. 138/1994 whereby the petition of the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') was allowed and a decree of dissolution of marriage was passed.

(2.) Briefly stated the facts essential for the disposal of this appeal are that on 9-5-1994 the respondent-husband (for short the 'husband') filed a petition before the Family Court, Kota, wherein it was averred that he was married with the appellant-wife (for short the 'wife') on 27-5-190 as per the Hindu rites. Prior to it, the respondent was married to Smt. Bhagwati Kumari, who died on 19-3-1989, leaving behind three children namely Sangeeta (born on 3-1-1970), Sonam(born on 2-4-1993) and Abhishek. The husband was working as Assistant Manager in J. K. Synthetics Ltd., Kota. Therefore, he decided to marry again specially in the interest of three children who needed help and care after the death of their mother.

(3.) The appellant-wife was also previously married with one Arun Kumar on 20-6-1978 and her marriage was dissolved on 18-5-1990 with mutual consent. Out of that wedlock, the appellant-wife had a daughter namely Kirthi. Therefore, for the well being of the children of the parties, the present marriage was solemnized as stated above.