JAG MOHAN KAPOOR Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) This is an appeal against the order of the Addl. District judge, dated 18-12-1981 by which he dismissed the petition of the husband Jagmohan Kapur for divorce.

(2.) The parties were married on 21-2-1977. They lived together up to 10-5-1977. The petition was filed on 5-1-1980 under Sec. 13(1)(ia) and (ib) of the Hindu Marriage Act, 1953. The ground of cruelty was that the wife refused to have sexual intercourse as she did not want to have any children and even hated sex. "I he second ground was desertion. He alleged that the wife deserted him on 10-51977 without any reasonable excuse. The wife denied all these allegations. The learned trial court came to the conclusion that the husband was unable to prove that the wife deserted him. Rather it appeared that the petitioner left the matrimonial home as the husband was not willing to keep her. As retards cruelty, the learned judge found that the parties went out for honey moon. No infirmity or mal-adjustment has been proved on the pert of the respondent which might have prevented her from cohabiting with the husband. The, burden of proof was very heavy on the petitioner which was not discharged. Therefore, the learned judge rejected the ground of cruelty as well.

(3.) Attempts at reconciliation failed in the court below. I attempted reconciliation without success and directed the parties to meet the officers of the Indian Council of Family Welfare in pursuance of Rule 4 of Order 32-A CPC. The Council has reported that reconciliation was not possible because of the intransigence of the husband. Therefore, it is necessary to go into the merits of the case.