DEEPAK KUMAR ARORA Vs. SAMPURAN ARORA

JUDGEMENT

(1.) (Oral) - This is a husband's appeal against the decision of the trial court dismissing his petition under section 13(l)(ia) of the Hindu Marriage Act, 1955 (to be referred to in brief as "the Act"), with costs.

(2.) On 2nd Oct., 1976, Mr. Deepak Kumar Arora, the appellant was married to Sampuran at Delhi. The marriage was solemnized in accordance with the Hindu rites and ceremonies. Sampuran was at the time about 28 years of age, her date of birth being 8th Dec., 1948, whereas Deepak was about two and a half years younger, his date of birth being 5th July, 1951. She was employed as an Upper Division Clerk in the Income-tax Office at New Delhi. He was employed as a junior Stenographer in the Pusa Institute, I.A.R.I., New Delhi. Their salaries were similar, being in the range of Rs. 500.00 per month. A few dates are important.

(3.) It appears that on 12th Oct., 1976, Sampuran left the matrimonial home. She returned on 16th Nov., 1976 and again left on 9th Dec., 1976. As a result of some intervention she returned once again on 24th Jan., 1977. Thereafter on 20th March, 1977, Sampuran went to attend the marriage of a relative at Amritsar. By this time Sampuran was pregnant. However, on 5th June, 1977, she aborted at the Safdarjang Hospital, New Delhi. Some well wishers made an effort on 26th Aug. 1977 to get the parties to reconcile their differences. But nothing came of it. Thereafter on 9th Dec., 1977, Deepak had a legal notice (Exhibit A1) sent to Sampuran. The notice was sent to her both at her parents' address as also her office address.