HARBANS LAL Vs. SANTOSH

JUDGEMENT

(1.) IN this appeal, under Section 28 of the Hindu Marriage, the correctness of an order of the learned Additional District Judge, dated 14 -3 -2002 dismissing a petition moved under Section 13(1)(i)(ia) and (ib) of the Hindu Marriage Act, by the appellant husband (hereafter 'the Act') has been challenged.

(2.) THE parties were married to each other according to Hindu rites, on 13 -11 -1982. Both parties were divorcees before the marriage; the appellant had three sons from the previous marriage, and the respondent had no issues from her previous marriage. Three daughters were born out of the wedlock. The allegation in the divorce petition was that the respondent wife had developed illicit relationship with one Shanti, when he (the appellant) was posted in the Delhi Airport, as a Delhi police personnel. It is alleged that the respondent used to sleep with, and have sexual intercourse with the said Shanti, particularly when he was away on night duty at the airport. This, it was alleged, was noticed by his daughters and neighbours; when he allegedly confronted the wife with these facts, she felt sorry, and apologised. It is also alleged that due to her guilt, she left the matrimonial home on 23 -7 -1995; ever since she deserted the appellant. She stopped cohabitation with the appellant from that date.

(3.) THE respondent had not caused appearance; she was accordingly proceeded ex parte. The petitioner examined himself as PW1. During the pendency of the proceedings one registered letter, said to have been sent by the respondent was received by the trial court,in which she alleged that she has been deserted by the petitioner. The Appellant was posted in police. He used to give her beatings, had left her at her parent's home and promised to take her back to Delhi after one week. Yet, the Appellant did not return to take her back. The Appellant, it was alleged, was in the habit of consuming liquor. When her father reached at the appellant's residence, he was insulted by him (the Appellant). The respondent also alleged that a friend of the appellant, being in the police service, had sent police to her residence, who harassed her and her parents. She was tortured and harassed by the Appellant on the ground of insufficient dowry. The respondent alleged that she is living at her parent's house for the last seven years. The Appellant had never written to her nor has cared to maintain her. She is earning her livelihood by cleaning utensils at her neighbour's house. The Appellant has refused to keep and maintain her. He has abandoned her with the intention to put an end to the matrimonial ties. This letter was brought to the notice of the Ld. Counsel for the Appellant.