KISHAN CHAND Vs. MUNNI DEVI

JUDGEMENT

(1.) By way of this appeal, the appellant assails the order dated 21.10.2000 passed by the Addl. District Judge, Delhi in HMA Case No.237/99 dismissing the petition of the appellant under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act for dissolution of marriage by decree of divorce.

(2.) Briefly the facts are that the marriage between the parties was solemnised on 27.4.1978. In the year 1985, respondent filed a case under Section 406 IPC against the appellant and the appellant filed a petition for divorce on the ground of desertion. After reconciliation between the parties, the said divorce petition was withdrawn by the appellant. On 9.8.1989, the parties attended the Mahila Court in connection with the complaint under Section 406 IPC. It is alleged that on that date the respondent did not return to the matrimonial home and went to her mother's house. It is alleged therefore that the respondent not only deserted the appellant but also abandoned two of her minor children. It is stated that during the pendency of the case under Section 406 IPC, the appellant made repeated efforts to convince the respondent to come back to her matrimonial home but all the efforts were rejected by the respondent and her mother who made unreasonable demand that immovable property be transferred in the name of the respondent. On 15th May 1997, the appellant was acquitted of the charges under Section 406 IPC.

(3.) After the conclusion of the criminal proceedings, the appellant filed a petition seeking dissolution of his marriage with the respondent on the grounds of cruelty and desertion. Subsequently, the ground of cruelty was given up by the appellant. However, vide the impugned judgment after holding that since there was a delay of 9-1/2 years in filing the petition coupled with the statement of the respondent that the appellant was having illicit relations with one Anita and that the appellant had failed to prove that the respondent had deserted him, the learned Addl. District Judge dismissed the petition of the appellant.