NIRANJAN SINGH Vs. SUKHMA DEVI AND ANOTHER

JUDGEMENT

(1.) This appeal by the husband, Niranjan Singh, is directed against the judgment and order dated 13th Dec., 1979 passed by the Additional District Judge, Delhi rejecting his petition under section 13 of the Hindu Marriage Act, 1955 (to be referred to in brief as "the Act").

(2.) The appellant was married to respondent No. 1, Sukhama Devi at night on 26th June, 1972 according to Hindu rites and ceremonies. Next morning the appellant brought his bride to his home and, it is his case, that she returned to her parents' home that very evening, and did not return to the matrimonial home thereafter. He asserts in the petition that no cohabitation ever took place either at his house or at here or at any other place. According to him, respondent No. I did not return to the matrimonial home as she was interested in living with respondent No. 2, Ranbir Singh, her sister's husband. The further allegation is that respondent No. I is living in adultery with respondent No. 2. It is also averred that respondent No. 2 who was and is employed as a conductor in the Delhi Transport Corporation used his influence to get respondent No. 1 appointed as a bus conductor in the said Corporation and posted in the same bus depot as himself at Kingsway Camp, Delhi. Further, in the employment record, respondent No. 1 has had her maiden name indicated. In these circumstances, respondent No. I deserted the petitioner without any just and reasonable cause and without his consent.

(3.) The petitioner also asserts that respondent No. I intentionally and knowingly described herself as "Banjara" by caste i.e. backward class for the purpose of obtaining a scholarship at the Laxmi Bai College where she studied from 1972 to 1974. It is also stated that respondent No. I took away certain presents, valued at about Rs. 10,000.00 gifted to her, by the appellant at the time of marriage. She was thus cruel to the petitioner.