SMT. MAGAN KANWAR, WIFE OF SHYAM SINGH, DAUGHTER OF RAM SINGH Vs. SHYAM SINGH, SON OF SHIV PRASAD SOLANKI

JUDGEMENT

(1.) The instant appeal has been filed by the appellant against the judgment dated 22.03.2006 passed by learned District Judge, Sawai Madhopur in Civil Misc. Case No. 60/2003 by which the application submitted by the respondent-husband filed under section 13 of the Hindu Marriage Act was allowed and ex-partee decree of divorce was granted by learned trial Court.

(2.) Brief facts of the case are that the respondent-husband filed a divorce petition before the learned District Judge, Sawai Madhopur under section 13 of the Hindu Marriage Act against the appellant/wife with averments that he got married with the appellant 01.12.1997 and due to their wedlock, three children were born. It was also pleaded that earlier he was serving in Jaipur Metals and after closure of the said industry, he was unemployed. The appellant-wife used to complain that she earns as she was in service and he was enjoying without any work. It was further stated in the application that he was having sufficient means for their livelihood by agriculture land, hence, he advised the appellant to get her transfer at Niwai so that they may live happily. On 25.07.2000 the appellant/wife left the house of respondent/husband for living with her parents. It was also stated that he tried his best to settle the dispute but the appellant/wife refused to accompany him, as such he filed the divorce petition and prayed for a decree of divorce.

(3.) The notice of the said petition was issued to the appellant but she could not appear before the Court below because she was given beatings by the appellant and in such circumstance she sent a letter to the court below explaining entire facts that the petition is not maintainable. It was stated in the letter that there is every chance of mishappening to her life, thus she is unable to appear before the court.