V BHAGAT Vs. D BHAGAT

JUDGEMENT

(1.) The present application under section 151 of the Code of Civil Procedure is moved by the petitioner, who has filed a petition for disgolution of marriage by a decree of divorce against his wife, on grounds of adultery, cruelty and desertion,

(2.) In so far as this application is concerned; the petitioner contends himself to be entitled to a decree of divorce on the basis of some averments made by the respondent in the written statement. The plea is that in a number of paragraphs of the written statement, which he has pin-pointed in paragraph 169 of the amended petition to be paragaphs 4, 4C, 4E, 5, 12, 14. 20, 28-29, 32, 33-34. 36, 378, 38, 43,48, 58, 73, 80, 100, 138, 143 and 145, the respondent has imputed lunacy and insanity to him and since he is a practising lawyer in the Supreme Court, all these allegations per se constitute cruelty of a very grave nature, as these were baseless and grotesque in nature. He contends that the allegations expose the respondent as to what type of pers6n she is, and also are indicative of the fact that she has no intention of living with the petitioner, and thus besides being tantamount to cruelty entitling the petitioner to a decree of divorce, these also constitute evidence of desertion on her part, and accordingly the petition be allowed, without requiring the parties to go to evidence.

(3.) This application, after the case was received in this Court, shortly before the Vacation, has been heard almost day to day and at length. The petitioner argued personally and in addition, he had Shri Anil Dewan; Senior Advocate appear for him, to address arguments in rejoinder. Mr. Bawa Shiv Charan Singh appeared for the respondent.