KIRAN ROBINSON Vs. AJEET MALCOLM ROBINSON

JUDGEMENT

(1.) This is a petition under Section 10 of the Indian Divorce Act, 1869 for dissolution of marriage on behalf of wife-petitioner on the ground of cruelty, desertion and adultery. This trite trinity has been responsible for large number of broken marriages. Apart from this, there is allegation that respondent is medically unfit to impregnate the petitioner as he is suffering from Polycystic Kidney Disease which means he is capable of sexual intercourse but not able to make the wife conceive.

(2.) The parties entered into wedlock on 7.8.1991. The petitioner possessed postgraduate degree in Chemistry at the time of marriage and completed her Ph.D. after her marriage. She is presently working as P.G.T. in a Government Senior Secondary School. The respondent is a photographer by profession. After marriage she started living with her in laws at 1 B.P., Maurya Enclave, M.I.G. Flats, Pitampura (Poorvi) Delhi. She stayed there from August, 1991 to 2nd week of September, 1991.

(3.) It is alleged that respondent no.1 before marriage was working and studying at Russia and came to India for the purpose of marriage and lived here from August, 199 1/10/1991 whereafter he left for Russia. Since the petitioner was doing research work at Banaras Hindu University, Varansi, she along with respondent no.1 came there to apprise him about the research work. Respondent no.1 left for Russia in October, 1991. The petitioner stayed with her parents to prosecute her study from mid of November, 1991 to 2 3/12/1991 and rejoined her husband when he came back from Russia on 25/12/1991 and stayed with him till 1st week of March, 1992. For completing her remaining research work, she came back to Varansi and remained there upto 23/06/1992 and returned to Delhi on 30/06/1992 and started living with her in-laws. Respondent no.1 came to Delhi in 1st week of July, 1992 and remained here till November, 1992.