RAJINDER SINGH JOON Vs. TARA WANTI

JUDGEMENT

(1.) This is a husband's appeal from the order of the Additional District Judge dated August 9, 1979 refusing him divorce on the ground of cruelty.

(2.) The parties were married at Delhi. The Saptpadi was performed on June 28, 1973. There is some controversy about the date of marriage. According to the wife the marriage took place on June 27, 1970 when admittedly they started living together and had a child in 1971 who subsequently died. The husband's case, on the other hand, is that the marriage must be held to have been performed on June 28, 1973 when Saptpadi was performed and that is the date which ought to be regarded as the date of marriage. The learned trial judge recorded a finding that the marriage took place on June 27, 1970. In my opinion nothing turns on this issue. Admittedly the parties were legally married and they were living as husband and wife. The army authorities were also informed about marriage. A "casualty" notification was issued in the Army Gazette. I will therefore not dilate on this issue as it does not make such difference to the question at issue.

(3.) On 3rd December, 1977 the husband filed a petition for divorce under s. 13 of the Hindu Marriage Act on the ground that the wife had treated him with cruelty. Several particulars of cruelty were given. It is not necessary to deal with all of them. Only one incident may be mentioned. On February 5, 1977 the husband met with a serious accident. He was driving a military jeep. The jeep hit a poll. The husband sustained head injuries and multiple fractures. He became unconscious. He was removed to the military hospital at Dinjan in Assam where he was posted. The military authorities sent S.O.S. They informed the wife that her husband was on "serious sick list". The wife did not care. She did not visit the husband inspite of this S.O.S. Nor did her parents go. The husband's parents however, rushed to Assam on hearing the news of their son's illness.