SHARWAN KUMAR Vs. SUDHA KUMARI

JUDGEMENT

(1.) This appeal by the husband, under Sec. 28 of the Hindu Marriage Act (for short the 'Act') is directed against the judgment and decree of Miss Usha Mehra, Additional District Judge, Delhi, dated July 25, 1980 whereby she dismissed the appellant's petition for dissolution of the marriage by a decree of divorce.

(2.) The appellant, Sharwan Kumar was married to the respondent Sudha Kumari on Feb. 6, 1965. In those days the respondent's father was employed as a Sugar Technologist in Uganda. He came to Delhi for performing this marriage and the marriage was celebrated here. The respondent left the matrimonial home (turned out according to her version) on May 26, 1967 and left for Uganda in June 1967 alongwith her father. In the year 1969 the appellant filed a petition for dissolution of the marriage under Sections 12 and 13 of the Act or in the alternative for judicial separation under section 10 of the Act on the grounds of impotency and insanity. This petition was withdrawn by the appellant and was dismissed with costs on Sept. 8, 1969. Thereafter the appellant filed another application under section 10 of the Act for judicial separation on the ground of desertion. This application was resisted by the respondent, but later on she was proceeded ex parte and an ex parte decree for judicial separation under Sec. 10(1-A) was made in favour of the appellant on May 26, 1973 by Shri Jagdish Chandra, the then Additional District Judge, Delhi. The respondent, however, stated living with the appellant sometime in Jan. 1975. The appellant at that time was posted at Panchmarhi. They lived happily there. In April 1976 the appellant was transferred back to Delhi. They lived together as husband and wife upto 30th of Sept., 1976. On Oct. 1, 1976 the respondent left the matrimonial home.

(3.) On Nov. 24, 1978 the appellant filed a petition (out of which this appeal has arisen) under Sec. 13(1)(ib) of the Act for dissolution of the marriage by a decree of divorce on the allegations that the respondent had left the marital home on Oct. 1, 1976 with an intention to bring cohabitation permanently to an end and since then she had been living with her parents and had not cared to return to him in spite of efforts by the appellant and common relatives.