SURESH BALA Vs. MAJOR G M S BALA

JUDGEMENT

(1.) These two appeals have been filed by Smt. Suresh Bala challenging the decree of dissolution of marriage passed on 11th July, 1980, under section 13(l)(ib) ofthe Hindu Marriage Act (herein called 'the Act') in favour of her husband Major Gurmohinder Singh Bala. The finding that it was the appellant who had deserted her husband by leaving her matrimonial home on 5th January, 1973, and thereafter continued to live separately for a period of over two years immediately proceeding the filing of the petition by her husband, is sought to be reversed.

(2.) In the cross-objections filed by the husband the plea raised is that the appeals have become infructuous because of the husband's re-marriage and that in any case he was entitled to a decree under section 13(1)(a) on the ground of cruelty as well.

(3.) Before proceeding further it may be noted that the husband filed two separate petitions, first under section 10 of the Act on 20th September, 1973, seeking judicial separation on the ground that his wife had treated him with cruelty, the second petition was filed on 17th August, 1977, seeking divorce under section 13(1)(b) of the Act on the ground of desertion. After the Marriage Laws (Amendment) Act, the petition was got amended on 19th September, 1976, for a decree of divorce under section 13(1)(a) of the Act on the ground of cruelty. On joint submission of the partics these petitions were consolidated for trial and were disposed of by the impugned judgment. The ground of cruelty alleged by the husband was repelled by the trial Court. However, the other ground, namely, of desertion by the wife has been upheld. The appellant-wife feeling aggrieved by the said judgment of the tria. Court, has preferred two separate appea's. The grounds taken, however, are common. The pleas taken by the husband-respandent in the Cross- obiections are also common. The present judgment will, therefore, govern both the appeals and the Gross-objections.