NEHA KHULLAR Vs. RAKESH KHULLAR

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 4. 2. 1994 in Civil Suit No. 33-A/92 passed by the 4th Additional District Judge, Jabalpur, the appellant-non-applicant has preferred this appeal against the finding of dissolving the marriage by a decree of divorce on the ground of desertion and cruelty.

(2.) ADMITTEDLY the facts of the case are that the marriage between the appellant and the respondent was solemnised at Jabalpur on 12th May, 1989 according to Hindu rites and customs and they have a daughter from the wedlock.

(3.) RESPONDENT/husband filed a petition on the allegation that the appellant/ wife insults and mentally tortures him by saying that her husband is lame and by refusing cohabitation. It is alleged that on 29. 12,1989 the appellant/wife in the absence of the respondent took an amount of Rs. 15,000/- and the ornaments of the respondent and left the house. That report in the police was lodged on 29. 12. 1989 in the Police Station, Gorakhpur, Jabalpur against the appellant/wife. It is pleaded that the character of the appellant/wife is doubtful and that she gave birth to a child although the respondent has not done the intercourse with her. It is further pleaded that the appellant/wife is living separately since 29. 12. 1989 without any reasonable cause.