ANURADHA Vs. ARVIND KUMAR

JUDGEMENT

(1.) This appeal has been filed by the wife against the judgment and decree dated 17.7.2014 passed by the Additional District Judge, Kaithal, whereby the petition filed by the husband under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce, was allowed.

(2.) The facts, in brief, necessary for adjudication of the instant appeal as narrated therein may be noticed. The respondent filed a petition under Section 13 of the Act with the averments that the marriage between the parties was solemnized on 29.3.2008 as per Hindu rites and ceremonies. After the marriage, both the parties lived together as husband and wife at Kaithal. The appellant neither consummated the marriage nor discharged any matrimonial obligations towards the respondent as she had never any intention of cohabitation with him as husband and wife. The appellant lived in her matrimonial home for one day and thereafter she was deserting the respondent since 31.3.2008 without any reasonable cause and without his consent and wishes. The appellant also treated the respondent and his family members with cruelty. She also filed a false complaint under Sections 498-A, 406 of the Indian Penal Code against the respondent and his family members. A panchayat was convened at Panipat where the appellant and her father were reprimanded for filing false complaint whereupon they withdrew the same. She along with her father also suffered sworn affidavits dated 3.9.2010 mentioning therein that she would not live with the respondent as his wife and both of them would get their marriage dissolved by a decree of divorce from the Court. As there were no chances of any reconciliation or cohabitation or any restitution of conjugal rights, the respondent prayed for a decree of divorce. The said petition was contested by the appellant-wife by filing a written statement. Besides raising various preliminary objections, it was pleaded that neither the marriage of the respondent with the appellant was solemnized at Kaithal nor she ever resided at Kaithal with the respondent after her marriage. In fact, the respondent before his marriage was residing at village Thana, District Kurukshetra and was still residing there. The other averments made in the divorce petition were denied and a prayer for dismissal of the same was made. From the pleadings of the parties, the trial court framed the following issues:-

(3.) The trial court on appreciation of evidence led by the parties decided issue No.1 in favour of the respondent holding that the appellant committed cruelty and deserted the respondent as she had left the matrimonial house and thereafter she had not returned back. Further, it was held that the Court at Kaithal had jurisdiction to entertain and try the matter. Issues No.2 and 3 were decided against the appellant holding the divorce petition to be maintainable and the respondent had the cause of action and locus standi to file the petition. Accordingly, the trial court vide judgment and decree dated 17.7.2014 allowed the petition and dissolved the marriage between the parties by passing a decree of divorce. Hence, the present appeal.