JUDGEMENT
SHIV KUMAR SHARMA, J. -
(1.) The relationship
between the spouses is a matter
concerning human life which does not run
on dotted lines or charted course laid down
by the statutes. The appellant wife in the
instant matter, however challenged the
decree dated October 19, 2001 of the learned
Family Court Kota mainly on the ground that
the strict rules of pleadings have not been
followed in drafting the petition of divorce
by the respondent husband.
(2.) Contextual facts depict that the respondent husband in the petition under
Section 13 of the Hindu Marriage Act averred
that his marriage with the appellant took
place some 16 years back. After the marriage
the respondent husband and his
mother started residing in the house of
appellant wife and start cultivating the agricultural land of appellant's father. Since the
respondent was poor, the appellant wife used
to tease and torture him. The appellant wife
was a lady of easy virtue therefore she got
herself subjected to vasectomy operation.
The appellant wife was arrested in a criminal
case under Sections 302, 201 and 120-B, IPC
and thus caused mental cruelty to
the respondent husband. She deserted him
for the last ten years. Thus he was entitled
to decree of divorce.
(3.) The appellant wife filed reply to the
petition denying the allegations. She stated
that on persuasion of the respondent she
got herself operated. She further pleaded
that after performing second marriage the
respondent husband ousted her from his
house, thus she had no other option except
to live with her parents. According to appellant,
the respondent did not enjoy good reputation and he had illicit relations with Sajna
and Parvati.;
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