JUDGEMENT
GUMAN SINGH, J. -
(1.) This appeal is directed against the judgment and decree
dated 29-7-1999, passed by Judge, Family Court, Kota, in Civil Suit No. 138/1994
whereby the petition of the respondent under Section 13 of the Hindu Marriage Act,
1955 (for short 'the Act') was allowed and a decree of dissolution of marriage was passed.
(2.) Briefly stated the facts essential for
the disposal of this appeal are that on 9-5-1994 the respondent-husband (for short the
'husband') filed a petition before the Family Court, Kota, wherein it was averred that he
was married with the appellant-wife (for short the 'wife') on 27-5-190 as per the
Hindu rites. Prior to it, the respondent was
married to Smt. Bhagwati Kumari, who died
on 19-3-1989, leaving behind three children
namely Sangeeta (born on 3-1-1970), Sonam(born on 2-4-1993) and Abhishek.
The husband was working as Assistant Manager in
J. K. Synthetics Ltd., Kota. Therefore, he
decided to marry again specially in the
interest of three children who needed help and care after the death of their mother.
(3.) The appellant-wife was also previously
married with one Arun Kumar on 20-6-1978
and her marriage was dissolved on 18-5-1990
with mutual consent. Out of that wedlock, the appellant-wife had a daughter
namely Kirthi. Therefore, for the well being
of the children of the parties, the present
marriage was solemnized as stated above.;
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