P.D. SHARMA Vs. SAVINDER SHARM

JUDGEMENT

(1.) This Appeal by the husband is directed against the Judgment dated 16-3-1979 passed by the learned trial Judge whereby his petition under Sec. 13 of the Hindu Marriage Act for a decree of divorce on the grounds of desertion and cruelty was dismissed.

(2.) It was alleged in the petition that the marriage between the parties was solemnized on 14th April, 1964 at Delhi. The parties lived together and co-habited at Delhi. Two children were born to the parties. The elder is a son named Sanjay and was born on 30th Jan., 1965 while the younger is a daughter named Reeta who was born on 26-9-1969. It is further alleged that after the disputes having arisen between the parties the appellant brought a suit No. 137/70 for a declaration to the effect that the respondent was not the appellant's lawfully wedded wife. Eventually, the suit was compromised and the parties agreed to live as husband and wife. The suit was withdrawn as the respondent agreed to live with the appellant and perform her marital duties. Yet another petition under Sec. 10 of the Hindu Marriage Act was filed by the appellant which was also dismissed though an technical grounds. It is alleged that after 5-12-1970, i.e. the date of compromise in suit No. 137/70 the respondent persistently refused to live with the appellant. All efforts and pursuations made by him failed. The respondent has, therefore. deserted the appellant for a continuous period of over 5 years and 8 months immediately proceeding the presentation of the petition.

(3.) As regards the acts of cruelty it is alleged that the respondent falsely accused the appellant of having illicit relations with his brother's wife. The respondent has also been abusing the appellant and she went to the extent of calling him viper and other unprintable abuses. It is further alleged that the respondent does not even permit the appellant to meet the children born out of the wedlock.