ANITA SACHDEVA Vs. DEEPAK KUMAR SACHDEVA

JUDGEMENT

(1.) This appeal by the wife is directed against the judgment and order dated 28.9.1996 passed by the Additional District Judge Delhi in HMA No. 363 of 1990. By the impugned judgment the trial court dissolved the marriage between the parties both on the ground of desertion as well as on the ground of cruelty.

(2.) The facts leading to the filing of this appeal are that the parties are married on 11.12.1986. In March 1987, while she was in the family way, the appellant left the matrimonial home and insisted that unless the respondent here set up a separate residence she would not come back to the matrimonial home. It is stated that the appellant returned in June 1987 when a separate kitchen was arranged by the respondent. Again in September 1987 the father of the appellant took the appellant to her parents' house for the delivery of the child. A male child was born on 24.10.1987. Thereafter, despite the persuasion of the respondent the appellant did not return to the matrimonial home. Even after the respondent got a kitchen and toilet constructed separately, the appellant did not return.

(3.) The admitted position is that the parties approached the Delhi Legal Aid Cell in August 1989 and made the following statements before the Secretary Legal Aid: <FRM>JUDGEMENT_818_ILRDLH16_2007Html1.htm</FRM>