RAJESH KUMAR Vs. PUSHPA SONI

JUDGEMENT

(1.) CHALLENGE in the instant appeal is to the judgment and decree dated January 16, 2002 of the Family Court, Kota whereby the suit instituted by the appellant (for short `husband') was dismissed against the respondent (for short `wife') for decree of divorce under Section 13 of the Hindu Marriage Act.

(2.) BRIEFLY stated, the facts are that the husband filed a petition under Section 13 of the Hindu Marriage Act 1955 wherein it was alleged that the parties were married about 3-4 years back and soon after the marriage an abrupt change in the behavior of the wife was noticed which resulted in quarrel on petty matters amounting to cruelty. It was further pleaded that soon after, the wife left for her parents house alongwith her clothes and ornaments and she refused to return inspite of persistent efforts of the husband and as such petition under Section 9 of the Hindu Marriage Act was filed which however, was dismissed on account of his absence. It was also alleged that wife had illicit relations with so many persons before marriage and in view of these circumstances a decree for divorce was sought.