MAHENDRA SHARDA Vs. REKHA

JUDGEMENT

(1.) THIS appeal arises out of an application ofdivorce filed by the appellant Under Section 13 of the Hindu Marriage Actagainst the respondent Rekha (wife) on the ground of desertion and mentalcruelty.

(2.) THE case of the appellant in the lower Court was that both theparties are employed as teachers in the Education Department. The appellant is resident of Sanawad and the respondent is resident of DakhalgaonThey both are Hindu Brahmins and were married in Sanawad in themonth of May, 1980. At the time of the marriage the appellant was postedat Khargone, whereas the respondent was posted at another station.After the marriage the respondent resided with the appellant till June, 1980 ashusband and wife. Thereafter she deserted the appellant clearly saying thatshe will not return to the house of her husband and thereafter through herbehaviour had been of causing mental torture and cruelty to the husbandand the members of his family.

(3.) ON the aforesaid avernments the learned lower Court framed fiveissues to decide the suit and held that the respondent has not deserted theappellant since 1980 and she has not treated the appellant with cruelty. Shedid not make any allegations against the character of the husband and, therefore dismissed the suit. Hence this appeal.