SUNIL KUMAR Vs. USHA

JUDGEMENT

(1.) This appeal presented under section 28 of the Hindu Marriage Act, 1955 (for short 'the Act') is directed against the judgment and decree dated 6-5-1991 rendered by Additional Judge to the Court of the District Judge, Indore in Hindu Marriage Case No. 237/91 thereby dismissing the application seeking dissolution of marriage by a decree of divorce on the ground of cruelty and desertion.

(2.) Briefly stated the facts of the case are that the parties to this lis were married in June, 1956 according to Hindu rites. They have been living separately since October, 1986, The case pleaded by the appellant was that the respondent lived with him only for about 15 days and thereafter, deserted him. Another ground was that the respondent has treated the appellant with cruelty in that she denied him the sexual intercourse and threatened him about lodgment of false complaint and commission of suicide. The respondent resisted the claim of divorce and asserted that she never denied the company and did not refuse sexual intercourse. The other allegations were also denied. She also asserted that a letter (Ex. P/6) was also obtained from her and finally she indicated her willingness to return to join the company of the appellant. On evaluation of the evidence, the trial Court found that the allegations of cruelty and desertion were not proved and on this conclusion, the application was dismissed. Aggrieved by this judgment and decree, the appellant has preferred this appeal and renewed the prayer of dissolution of marriage by a decree of divorce.

(3.) Right at the threshold, it may be mentioned that the trial Court made every endeavour to bring about the reconciliation between the parties in terms of Section 23(2) of the Act as is recorded in the proceedings dated 23-5-90. It is clearly recorded therein that the appellant was not prepared to welcome the respondent in the matrimonial home. This Court also made the same endeavour on 20/10/1992. The respondent expressed her willingness and showed her preparedness to go and live with her husband i.e. the appellant, but the appellant declined the offer. In the circumstances, the case was posted for hearing on merits.