SUNITA ALIAS KUSUM Vs. MOHAN SAINI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 10.1.2002, passed by Judge, Family Court No. 2, Jaipur, in Case No. 117/99 whereby a petition under Sec. 13(1)(ib) of the Hindu Marriage Act (for short 'the Act') was allowed and a decree of dissolution of marriage was passed with a further direction to the respondent-husband to pay a sum of Rs. 800.00 to the appellant and Rs. 500.00 for her son Prince as maintenance under Sec. 25 of the Act.

(2.) Briefly stated the facts essential for disposal of this appeal are that on 15.5.1999, the respondent-husband (hereinafter referred to as the 'husband') filed a petition under Sec. 13(1)(ib) of the Act for dissolution of marriage with the appellant-wife (hereinafter referred to as the 'wife'), alleging therein that the marriage between them was solemnized on 27.4.1996, according to Hindu Rites at Jaipur, and out of the wedlock, a son, namely, Prince was born to them on 12.3.1997. Soon after the marriage it was felt by the husband that the wife frequently used to visit her parental house. In the year 1996 she went there on Rakhi Festival and did not come back for one and half month. She came back only when the husband with five other persons went there to bring her back. But she again went to her parent's house after staying for 15 days only. It is stated that on 6.3.1997, the mother of the appellant-wife and her younger sister with their tenants came there and took the appellant with them in spite of her refusal. Thereafter the appellant did not return to her matrimonial home.

(3.) On 11.3.1998, the husband filed an application under Sec. 9 of the Act for restitution of conjugal rights. During the proceedings, the matter was compromised between the parties but as per proceedings dated 19.12.1998, the wife refused to go with the husband. Therefore, the petition for restitution of conjugal rights was withdrawn and the present petition was filed on the ground of desertion. It has been further alleged that on 12.8.1999, the wife also lodged a report at Mahila Police Station, Jaipur, against the husband as a result of which the husband was arrested. Therefore, it was prayed that a decree of divorce may be granted to the husband-respondent.