CHEMARI BALAN NAIR Vs. MANIKKOTH VILASINI

JUDGEMENT

(1.) The husband in a proceeding under S.13(1)(b) of the Hindu Marriage Act, 1955 is the appellant before us. He was the petitioner in O.P.No.7 of 1988 before the Subordinate Judge's Court, Badagara for dissolution of the marriage with the respondent on the ground of desertion. The court below found that there was no legal evidence for desertion and hence the petition was dismissed. It is against the said order this appeal has been filed by the petitioner under S.28 of the Hindu Marriage Act, 1955 (for short 'the Act').

(2.) The relevant portion of S.13 of the Act is extracted hereunder:

(3.) Respondent was examined before the court below as RW - 1. In chief - examination she stated the background of departure to the house of her father on 5-6-1981. She has been thoroughly cross examined on behalf of the appellant and in the course of cross examination it has been sufficiently brought out that she was beaten by the appellant in the presence of her father and his uncle. It was in view of the above situation the uncle of the appellant advised her to go along with her father. The question now required to be examined is whether the respondent has left the house of the appellant without any reasonable cause as envisaged in the Explanation referred to above. It is for the court to infer whether the circumstances brought out in evidence would constitute 'reasonable cause'.