JUDGMENT

Vivek Kumar Birla, J.—Heard Sri Jatin Sahgal, learned counsel for the appellant and Sri J.B. Singh, learned counsel for the respondent.

2. The present appeal has been filed for setting aside the judgment and decree dated 19.9.2019 and 23.9.2019 passed by the Additional District Judge, Court No. 13, Ghaziabad in Civil Appeal No. 63 of 2017 (Sujata Gandhi vs. S.B. Gandhi) and judgment and decree dated 8.3.2017 and 22.3.2017 passed by Civil Judge (S.D.), Ghaziabad in Original Suit No. 907 of 2014 (S.B. Gandhi vs. Smt. Sujata Gandhi).

3. Necessary facts shorn of details are that the appellant was married with the plaintiff’s son namely, Vijay Gandhi on 29.4 .1998 and two children born out of this wedlock. In the year 2013 Vijay Gandhi, son of the plaintiff deserted the appellant and thereafter filed a divorce petition under section 13 of the Hindu Marriage Act. One NCR/FIR was lodged at police station Link Road, Ghaziabad by the plaintiff against the appellant. According to the plaint case the plaintiff is owner of House Number A-242, Surya Nagar, Ghaziabad. After marriage of his son he permitted his son and the defendant to live on the first floor of his house. It is alleged