KUSUM Vs. R K SAXENA

JUDGEMENT

(1.) The Appellant was married to the Respondent on 17th June, 1979. They lived together only for a few months and since March 1980 they have lived together for short periods on a couple of occasions. In March 1980, the Appellant was dropped at her parental home because she was expecting a child. On 15th May 1980 a female child was born and she is now almost 24 years of age.

(2.) . According to the Appellant, her husband did not even come to visit her or to even see the child with the result that she was compelled to apply to the matrimonial Court some time in October 1980 for restitution of conjugal rights. She says that during the pendency of the restitution petition, her husband's grandmother was taken ill and so she was called to look after her. She stayed for a few days in the hospital where the grandmother was admitted and thereafter in her matrimonial home. It appears that there was some cooling down of differences between the parties with the result that the restitution petition came to be dismissed in default on 15th December 1981. However, soon thereafter the Appellant was again forced by circumstances to go back to her parent's house. According to the Appellant, the parties resumed cohabitation in August, 1984, but again separated in October, 1984.

(3.) . On 11th December, 1984, the Respondent filed a petition seeking a divorce under the provisions of Section 13(1)(ia) of the Hindu Marriage Act (the Act) on the ground of cruelty and under Section 13(1)(ib) of the Act on the ground of desertion. The learned Additional District Judge, who decided the matter being HMA No. 656/85, by the impugned judgment and decree dated 1st September, 1995 granted divorce to the Respondent on ground of cruelty, but dismissed the petition in so far as the allegation of desertion was concerned. Against the decree of divorce granted on the ground of cruelty, the Appellant has filed the present appeal.