PRAKASH TATIA, J. - (1.) HEARD learned counsel for the parties.
(2.) THE appellant/non-applicant is aggrieved against the judgment and decree dated 10.1.2002 by which the trial court granted decree for divorce in favour of the respondent/applicant. As per the applicant, the marriage of the appellant and respondent took place about 17-18 years ago from the time of filing of divorce petition, which was filed in the year 1995. Out of the wedlock, three children, two daughters namely, Mamta and Guddi, and one son Raju were born. In the year 1995, Mamta was of the age 16 years, Raju was of the age of 13 years and Guddi was of the age of 9 years. It is alleged that the appellant, wife of respondent, left the respondent in the year 1987 and did not come back despite efforts made by the respondent. The appellant initiated proceedings under Section 125 Cr.P.C. having No. 147/1987. The said petition was dismissed by the Court. According to the respondent, thereafter, 3-4 more applications under Section 125 Cr.P.C. were submitted by the appellant which too were dismissed. The respondent sought decree for divorce on the ground of cruelty and facts relating to cruelty caused by the appellant are pleaded in para No. 4 of the divorce petition.
(3.) THE appellant submitted written reply to the divorce petition and denied the allegation of cruelty. However, she admitted that she is living separate from her husband/respondent since 16.7.1987 but it was because of the reason that she was turned out by the respondent himself. The appellant levelled serious allegations against the respondent including allegation of attempt to burn her. The appellant admitted that her application filed under Section 125 Cr.P.C. was dismissed but she denied filing of more applications under Section 125 Cr.P.C. She also submitted that in case, she will live with the respondent, she will have danger of her life. Not only this, it is also alleged that the respondent contracted second marriage. Therefore, the appellant lodged FIR under Section 494 Cr.P.C. but after some time, the second wife of respondent died. The appellant also claimed permanent alimony under Section 25 of the Hindu Marriage Act.;