SUNITA RATHORE Vs. LOKENDRA RATHORE

JUDGEMENT

(1.) The appellant/defendant has filed the appeal under Section 28 of the Hindu Marriage Act being aggrieved by the judgment and decree dated 20/21.12.2001 passed by the Court of III Additional District Judge Morena (Shri Mahesh Chandra Jain) in Civil Suit No.60- A of 2000 allowing the suit for divorce filed by the plaintiff against the defendant. In this appeal, the appellant is referred as 'defendant' and respondent as 'plaintiff'.

(2.) The admitted facts are that on 26.6.1993, the marriage of the appellant/defendant with the respondent was solemnized as per Hindu rituals and customs at Village Sangoria Ka Pura, Morena from where, after sometime of marriage, the defendant went to her maternal house and when on request being made by plaintiff, the defendant refused to go with him to her in-laws house. The plaintiff filed an application bearing No.94 of 1998 before Sub Divisional Magistrate, Morena in which, a search warrant was issued and in response to the said warrant, the defendant was located and produced before the District and Sessions Judge, Morena where, she refused to live with the plaintiff and since then, she has been residing with her mother Rama where, she also gave birth to a second child.

(3.) Facts, in brief, of the plaint are that after marriage, the defendant resided with the plaintiff for five days only and thereafter, she went to her maternal house. After two and half years, the mother of the defendant performed Gauna of the defendant and sent her with the plaintiff where, she resided with the plaintiff only for five months and came back along with one Pehalwan (DW2) to her mother's house again. Thereafter, when plaintiff along with his father and neighbors went to her mother's place to bring her back to his house, the mother of the defendant and said Pehalwan who was residing with her, refused to send her with him. Hence, the plaintiff filed an application before SDM Court Morena and got the search warrant issued against defendant. The defendant was brought and produced before the District and Sessions Judge Morena, where, she refused to live with the plaintiff, her statement Ex.P/1 was recorded on 16.4.1998 him and since then, she has been residing with her mother. She also gave birth to second child there, in spite of the fact that the plaintiff had no physical relationship with her for more than five years. The defendant has been voluntarily residing along with her mother in her maternal house since Deepawali 1995 and has not been ready to go back to the plaintiff's house, hence, the plaintiff filed a suit for issuance of a decree of divorce against the defendant on the ground of desertion and adultery.