SEEMA KUMARI Vs. KHEMA RAM

JUDGEMENT

(1.) This appeal under section 28 of the Hindu Marriage Act, 1956 ('the Act') is directed against the judgment and decree dated 14/10/2015 passed by the Addl. District Judge No. 1, Barmer, whereby, the petition for dissolution of marriage filed by the appellant under Sec. 13 of the Act has been rejected.

(2.) The petition for dissolution of marriage was filed by the appellant inter alia with the averments that her marriage was solemnized with the respondent on 10/6/2011. It was alleged that immediately after the marriage, the respondent and his mother used to misbehave with her, resulting in mental and physical cruelty. The intervention of the society also did not help and they continued to misbehave and it was alleged that after living for 3-4 months with the respondent, the appellant came back to her parental home. It was submitted that it was not possible for the appellant to live with the respondent and he has abandoned the appellant. Based on the said averments, it was prayed that the marriage be dissolved.

(3.) The respondent filed his reply admitting the fact of marriage and denied the allegations pertaining to physical and mental cruelty and submitted that at social level, with the intervention of people, divorce has already been taken place between the parties. Based on the averments of the parties, two issues were framed by the trial court including the issue pertaining to relief. On behalf of the appellant, she herself was examined and on behalf of respondent no evidence was produced. The trial court after hearing the parties came to the conclusion that the evidence led by the appellant has not been controverted, on the other hand in the reply it has been stated that the divorce has already taken place and in view of the submissions made by the parties, the parties should have approached the court under Sec. 13B of the Act and as the application was not filed under Sec. 13B, the allegations of cruelty were not established, dismissed the petition.