- (1.) THIS appeal is directed against the judgment dated 5.5.2005 passed by District Judge, Balotra, whereby the application filed by the appellant -applicant seeking dissolution of relationship and divorce has been rejected by treating the same to be under Section 13 of the Hindu Marriage Act, 1955 ('the Act').
(2.) BRIEF facts of the case may be noticed thus : the appellant filed a proceedings seeking dissolution of relationship and divorce without indicating any specific provision of law. It was claimed that the respondent Ramphal deceiving her with the promise of marriage brought her to Rajasthan from Uttar Pradesh; telling her that he was not married to defendant No.2 Fefui Devi; he has already divorced her; the parties started living as husband and wife under threat from the husband that she should not disclose the correct facts to any -one; from the said relationship, they had a daughter and two sons aged about 12 years, 9 years and 4 years respectively at the time of filing plaint. It was further claimed in the plaint that subsequently, the plaintiff came to know about the existence of subsisting relationship of defendant No.1 with defendant No.2 and that the respondent No.1 had two sons and two daughters from defendant No.2 when the respondent No.1 used to take money from her and send it to them for their maintenance and construction of the house. The allegations about physical violence; attempt to burn and threatening to kill her were also made part of the pleadings.
(3.) BASED on the said averments it was claimed that the marriage between the parties was null and void and the applicant was entitled to dissolution of relationship and a declaration in this regard was sought. The relief part of the plaint may be noticed thus : ...[VERNACULAR TEXT OMMITED]...;