VEERESH Vs. JYOTI

JUDGEMENT

(1.) These appeals coming on for admission is considered on merits as the point involved is limited to whether there was a cause of action for the appellant.

(2.) The brief facts are that the appellant had filed a petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (Hereinafter referred to as the "HM Act", for brevity), seeking divorce on the ground of cruelty and desertion. The respondent herein, the wife of the petitioner, had filed a petition under Section 9 of the HM Act, seeking restitution of conjugal rights and other reliefs. The matters were clubbed and common evidence was tendered.

(3.) The respondent, on the other hand, who had sought for restitution of conjugal rights, contended that the real reason for the appellant to claim that there was desertion and cruelty was only in order to get rid of the respondent and in actual fact, the appellant and his sister were dissatisfied with the amount received as Varapooja amount and they had expected huge amounts of money apart from other articles and this was root cause for claiming that the petitioner was incurably ill and that she could not lead a normal matrimonial life. It was the further case of the appellant that the appellant had proposed to a lady divorcee, who was in the United States of America and that he intended to marry her and in the process, he had sought for divorce of the respondent, apart from other contentions that they were taken. The Court below having addressed the respective petitions had framed the following points for consideration:-