- (1.) Challenge in this appeal is to the Judgment and decree dated 11th May, 2007, whereby the District Judge, Dholpur ordered to dissolve the marriage between the appellant Wife and the respondent Husband by way of decree of divorce.
(2.) The factual matrix of the case, as culled out from the pleadings and evidence, can be succinctly stated as under. "The undisputed fact is that the marriage between the appellant Wife and the respondent Husband was solemnized on 24th November, 1997 at Basedi, District Dholpur . It is averred by the respondent Husband that right from the very beginning, the appellant Wife never treated him as her husband and did not allow to consummate the marriage till filing of the application. It is further averred in the petition that in 1998, the appellant wife Mamta had written a letter to her parents, which indicated that she was never interested in the marriage. The appellant wife unequivocally stated therein that neither she intended to marry him nor was she his wife. It is her parents who forcibly married her to her husband. As per the respondent husband, the marriage was never consummated since 24th November, 1997. This indifferent attitude of the appellant wife amounts to cruelty. The husband implored the court to grant the decree of divorce on this ground alone. Otherwise too, on the date of filing the application under Section 13 of Hindu Marriage Act, the parties had been living separately for the seven years. In reply to the afore stated pleadings of the respondent husband, the appellant wife only admitted the fact of their marriage being solemnized on 24th November, 1997, but denied all the rest of averments. The appellant wife stated that she remained with her husband in his house between 24th November, 1997 to 26th march, 1999 and the marriage was consummated between this period. Thereafter the husband deserted her. She further submitted that it was not the appellant wife, but the respondent husband, who was responsible for cruelty towards her. The conduct of husband was never fair and reasonable to the appellant wife. The respondent husband agreed before Women Commission, Jaipur to keep the appellant wife and pursuant to the order of Women Commission, the wife went to her husband's house and started residing there, but she was turned out of the house on 26th March, 1999. Thus, the respondent husband should not be allowed to take the benefit of his own wrong and the petition for divorce deserves to be dismissed."
(3.) The learned trial court framed as many as three issues on the basis of pleadings of the parties, which are thus: xxx xxx xxx;