ROHTAS SINGH Vs. RAMENDRI

JUDGEMENT

(1.) This Special Leave Petition was dismissed by us on 10-9-1999. We, hereinbelow, give our reasons for dismissing the Special Leave Petition.

(2.) The petitioner who is a member of the Indian Army was married with the respondent on 10th of May, 1990. Since the petitioner was posted away from his home, he left the respondent with his parents living jointly with his elder brother and his family at the family house in Village Kota, Police Station Galaoti, Tehsil and District Meerut. This, according to the petitioner, was not liked by the respondent who insisted that the petitioner should take leave from Army and stay with her at her parent's house. It is said that in 1991, the respondent left the petitioner's family house and went away to her father's house. She refused to come back to the family house of the petitioner in spite of petitioner's father and elder brother having gone to the respondent to persuade her to come back. On her refusal to come back, a notice was sent to the respondent on 5th of August, 1991 for restitution of conjugal rights but the respondent still did not come back to the petitioner's family house in District Meerut and, therefore, in 1993, the petitioner filed a petition under Section 13 of the Hindu Marriage Act for dissolution of the marriage on the ground of desertion. The respondent in her defence raised various pleas including mal-treatment and cruelty as also a demand by the petitioner for a sum of Rs. 21,000/- and a scooter. It was pleaded by her that she was always prepared to come back to the petitioner but she was ill-treated by the petitioner's parents who used to lock her up in a room as the demand for a cash amount of Rs. 21,000/- and a scooter was not met by the respondent. The Family Court, Meerut, decreed the suit of the petitioner on 15th of July, 1995 and passed the decree of divorce on the ground of desertion by the respondent.

(3.) During the pendency of the suit for divorce, the respondent had filed an application for maintenance under Section 125 of the Code of Criminal Procedure on 28th of May, 1993 which was allowed by the Family Court, Meerut on 13th of March, 1997 in spite of the fact that the judgment by which a decree for divorce was passed in favour of the petitioner on the ground of respondent's desertion was brought to the notice of the Family Court. The judgment passed by the Family Court, Meerut was challenged by the petitioner in a Revision filed in the High Court but the Revision was dismissed on 23rd of March, 1992. It is against this judgment that the present petition has been filed.