HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 400/2008 Radhey Shyam S/o Shri Kesra, Aged about 45 years, R/o Rethi Mohalla Ward No. 8, Malpura, District Tonk.

----Appellant Versus Smt. Maina W/o Shri Radhey Shyam, D/o Bhanwar Lal, R/o Deval, Tehsil Malpura, District Tonk.

----Respondent For Appellant(s) : Ms. Mamta For Respondent(s) : Mr. Swaraj Panwar HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

20/01/2026

1. Under challenge is the judgment dated 04.12.2007 passed in Divorce Petition No. 29/2004 by the Additional District Judge, Malpura, Tonk, dismissing Divorce Petition filed by and on behalf appellant-husband against respondent-wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”).

2. From the record, the factual matrix of the case in brief, is as under:-

2.1 The marriage between parties was solemnized as per rites and ceremonies prevailing in the Hindus and although accurate date of marriage has not been disclosed by either party, but in the Divorce Petition, it has been averred that after marriage, out of the said wedlock, one son was born in the year 1982, who l