PAL RAM PAL Vs. SANTOSH RAMPAL

JUDGEMENT

(1.) These appeals are filed by the husband against the order of the Additional District and Sessions Judge, Delhi, refusing decree for divorce on the ground of cruelty and on the ground of desertion. The husband filed a petition on the ground of cruelty first and thereafter a petition for divorce on the ground of desertion was filed. The two petitions were consolidated and disposed of by a common order of the Additional District and Sessions Judge dated 27-8-1983. The marriage between the parties took place on 20-11-1975. In October, 1976 a son was born. It is alleged that on 22-8-1977 the wife left the matrimonial home. The petition for divorce on the ground of cruelty was filed on 8-8-1978. On 21-11-1979 a petition for divorce on the ground of desertion by the wife was filed.

(2.) Both husband and wife were working as Clerks in different Government departments at Delhi at the time of their marriage. In 1977 the husband got himself transferred to Ferozpur. Practically for the last seven years they are staying separate. The child is with the mother. The parties are young and the alleged grounds of cruelty were not serious. I, therefore, made an attempt at reconciliation by speaking to the parties in chamber. According to the wife she was ready to go and stay with the husband even if it meant giving up her job. It is difficult to know how sincere this statement is. On the other hand, the husband feels so much harassed by the conduct and behaviour of the wife that at this young age he has developed hypertension. The attempts at reconciliation have failed.

(3.) The husband filed a petition on the ground of cruelty first because by that time two years had not elapsed from the alleged date of desertion. After completing the said statutory period a petition for divorce on the ground of desertion was filed.