SAROJ SINGH Vs. SARWAN SINGH AND OTHERS

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 24th April 2014 passed in RCS No. 507-A of 2012. The trial court granted a decree of divorce in favour of the respondent under Section 13 (1-a) (ii) of Hindu Marriage Act.

(2.) Respondent pleaded in his divorce petition that marriage of the appellant and respondent was solemnized on 27.12.1989 according to Hindu rituals at Hoshangabad. The appellant practiced cruelty with the respondent, hence, he filed a suit for divorce on 13.2.2007. The trial court granted a decree of judicial separation vide judgment and decree dated 26.9.2007. Inspite decree of judicial separation, the appellant did not take any step to live with the respondent. Her behaviour was cruel and she was not willing to live with the respondent. The respondent had taken so many steps with intention that the appellant shall live with him. However, he failed in his efforts, hence, he filed the suit for grant of decree of divorce.

(3.) The appellant denied the pleadings of the respondent. She pleaded that she wanted to live with the appellant and after decree of judicial separation, the respondent had come so many times at Bhopal where the appellant was living with her children. She also pleaded that the respondent had illegal relationship with one lady, namely Anita Tomer and he wanted to marry with someone else. The appellant also pleaded that she is willing to live with the respondent.