MAYA Vs. BRIJ NATH

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') by the wife is directed against the judgment and decree of the Additional District Judge, Delhi dated 27th Nov. 1980 dissolving the marriage by a decree of divorce on the ground of cruelty and desertion. The marriage between Maya Devi, appellant and Brij Nath-respondent was solemnised according to Hindu rites on 10th July, 1970. The husband filed the petition for divorce under S. 13 of the Act alleging acts of cruelty and further stating that the wife had deserted him in Jan. 1975. The wife denied the alleged acts of cruelty. The trial court disbelieved the pleaded acts of cruelty but granted a decree on an alleged act of cruelty which was never pleaded by the respondent. The court further held that the wife was guilty of desertion. Hence this appeal by the wife,

(2.) Learned counsel for the appellant submits that as the offence of desertion and the pleaded act of cruelty have not been proved, the divorce petition was liable to be dismissed. He submits that the trial court was not justified in holding that the wife was guilty of any cruel act, which was never pleaded and that there was no evidence of desertion. Learned counsel for the respondent on the other hand submits that the trial court was wrong in rejecting the pleaded acts of cruelty. He further submits that the husband is entitled to a decree of divorce on both the grounds of cruelty and desertion. I have thus to deal with all the alleged acts of cruelty and the allegation of desertion against the appellant-wife.

(3.) The respondent-husband in his petition for divorce has alleged the following acts of cruelty :