NARINDER SINGH CHAUHAN Vs. SMT. BIMLA KUMARI

JUDGEMENT

(1.) This appeal by the husband directed against the judgment dated 21-11-1980 passed by the learned Additional District Judge whereby his petition under section 13(1) (ia) (b) and (iii) of the Hindu Marriage Act, 1955, was dismissed.

(2.) The appellant filed a petition for dissolution of marriage by a decree of divorce on the grounds of cruelty, desertion and unsoundness of wind. It was alleged in the petition on that the parties were married on 6th May, 1968 at Grulier according to Hindu rites. After the marriage, the parties lived together at Delhi upto 6th Feb., 1977 when the respondent left the matrimonial home with her brother Shri Mahesh in the absence of the appellant. The parties stayed together for a total period of 11 months at 8 intervals and finally the respondent left on 6-2-1977. The respondent after the solemnisation of the marriage has treated the appellant with cruelty. The acts of cruelty as alleged in the petition are :

(3.) Besides the aforesaid acts of cruelty, it was alleged in the petition that the respondent is suffering from mental disorder and it is reasonably not possible for the appellant to live with her. Regarding desertion, it was alleged that the respondent has left the matrimonial home on 6-2-1977 without any reasonable excuse and has no intention to come back to the matrimonial home.