Decided on July 08,2005

Mamta Saraf Respondents


V.K.SHRIVASTAVA,J. - (1.) This appeal is directed against the judgment and decree dated 28-1-2000 passed in Civil Suit No. 50-A/99 by Vth Additional District Judge, Bilaspur, by which the petition filed by the plaintiff/appellant under Section 13 of the Hindu Marriage Act, for decree of divorce has been dismissed.
(2.) Appellant was married to respondent on 26-6-1989 and out of their wedlock one son named Raj was born. Appellant filed a petition for divorce against the respondent bearing case No. 58-A/96, for transfer of the said petition from Bilaspur to Jabalpur, respondent filed an application before Hon'ble the High Court of M.P. at Jabalpur and the said application was registered as M.C.C. No. 815/1996. On 24-4-1998 both the parties had joint meeting and they expressed before the High Court of M.P. at Jabalpur that they have agreed to live together. On 27-7-1998 Counsel for both the parties appeared and submitted that both the parties have decided to apply for grant of decree of divorce by mutual consent, therefore, M.C.C. No. 815/96 was dismissed by the High Court of M.P., as not pressed by the parties.
(3.) Appellant and respondent filed a joint application under Section 13B of the Hindu Marriage Act, 1955 for decree of divorce on mutual consent in the Court of VIIth Additional District Judge, Bilaspur, which was registered as Civil Suit No. 3-A/99. After a period of six months respondent withdrew her consent, consequently the said suit was dismissed on 6-3-1999. Thereafter, appellant filed a petition for divorce on the ground of desertion and cruelty. Appellant also pleaded that on 1-11-1991 as per custom prevailing in their caste, divorce took place between the parties in presence of the witnesses. Respondent also received a sum of Rs. One lac towards all further maintenance and executed an affidavit in support of it. Respondent in her defence denied the plea of customary divorce and pleaded that document of divorce dated 1-11-1991 is a forged document. She received a sum of Rs. One lac towards her future maintenance which was granted by Judicial Magistrate First Class in Criminal Case No. 361/1995.;

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