RAMESH CHAND GUPTA Vs. SUSHMA GUPTA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 21st May, 1970 passed by the Court of Shri O.P. Singhla, Additional District Judge, Delhi dismissing the application for judicial separation under section 10 of the Hindu Marriage Act, 1955. By an order of the Court, the petition has been allowed to be amended as a petition for divorce under Section 13 as a result of Section 39 of the Marriage Laws (Amendment) Act, 1976 which came into force on 27th May, 1976. The appeal will now consider whether the appellant is entitled to the dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act 1955 (as amended) (hereinafter referred to as the Act).

(2.) The marriage between the parties was solemnized on 28th July, 1963 at Delhi. A son was born out of the lawful wedlock on 28th July, 1964. The cause of action in the petition is that the respondent has withdrawn without any reasonable cause or excuse from the society of the appellant with effect from February, 1966. The allegations made in the petition are that the respondent qualified as a Telephone Operator and is in the employment with Amritsar Transport Company, Naya Bazar Delhi, that she is very well provided there, that during the time she stayed with the appellant she was more fond of moving about, she often left the appellant without any intimation, that while leaving the appellant she had taken all the jewellery ornaments, clothings and even the articles like shaving set etc, belonging to the appellant, that all attempts to reconcile have failed and she being economically self-sufficient does not bother to return to the appellant's house and that the relations of the respondent such as her father whenever approached threatend the appellant of his life. Thus the respondent has deserted the appellant for a continious period of more than two years immediately preceding the presentation of the petition.

(3.) In the written statement the plea is that the appellant gave her severe beating on 14th February, 1966 and was turned out only with four clothes. The facts precedent to it are in these terms:-