KIRAN KAPOOR Vs. SURINDER KUMAR KAPOOR

JUDGEMENT

(1.) By this common Judgment I propose to decide F.A.O. No. 244 of 1979 filed by Smt. Kiran Kapoor challenging the decree of divorce granted under section 13(1)(ia) of the Hindu Marriage Act, in favour other husband Surinder Kumar Kapoor, respondent herein, and also the Gross-objections (C.M. 351 of 1980) filed by the husband urging that he is also entitled to the same relief on the other grounds which have been rejected by the trial Court.

(2.) Surinder Kumar Kapoor originally filed a petition under section 10 of the Hindu Marriage Act locking judicial separation on 20th May, 1976. During the pendency of that petition on the amendment of the Hindu Marriage Act (hereinafter called the 'Act') vide Act No. 68 of 1976, the petition was sought to be amended to one under section 13(l)(ia)(ib)(iii) of the Act. The amendment was allowed vide order dated 6th January, 1978. After trial, the petition has been granted on the ground that the wife has treated the husband with cruelty. Thus, the marriage between the parties solemnised on 13th August, 1974, was dissolved.

(3.) In the petition several instances ,of cruelty were alleged. Apart from the ground of cruelty, decree of divorce was sought on two further grounds, i.e.(l) on the ground of desertion fora continuous period of two years under sub-section (ib) of section 13(1) and (2) that the wife was suffering from mental disorder.