UMESH KAPOOR Vs. SHANKUNTLA KAPOOR

JUDGEMENT

(1.) This is a husband's appeal against the order ofths Additional District Judge, Delhi dated the 19th February 1977, refusing him divorce. The husband petitioned for divorce on the ground of desertion and cruelly under Section 13 of the Hindu Marriage Act. The trial court dismissed his petition.

(2.) The parties were married at Delhi on 11th May, 1968. There are two children of the marriage. A daughter was born in July 1969. Subsequently, a son was born on 6th January, 1971. Both husband and wife are in service. The husband at present is agent of the Bank of India at Ambala city drawing a salary of about Rs. 1500.00 per month. He is a graduate and 36 years of age. The wife is also a graduate. She is a Senior investigator in the Ministry of Commerce and is getting a pay of about Rs. 1000.00 per month. She is 34 years of age.

(3.) The marriage was performed at Delhi. For a few days the parties lived at Inderprastha College flat where the husband's elder brother and his wife are staying. On 15th June 1968, the husband and wife shifted to Sarojini Nagar flat which had been allotted to the wife by the Government. They lived there together from June to December 1968. The husband's mother and his handicapped sister were also staying with him in the wife's fat. According to the husband the wife used to insult his mother and that was his reason for leaving the flat in December 1968. The wife of course denies this. But as nothing turns on this I will not dwell on this point.