GUNUVEENA SINGH Vs. CAPT PANKAJ PUNEET SINGH

JUDGEMENT

(1.) THIS appeal has been presented under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act') against the judgment and decree dt. 15th July, 1992 rendered by Additional Judge, Mhow to the Court of District Judge, Indore in Hindu Marriage Case No. 47/90, thereby dismissing the petition seeking dissolution of marriage by decree of divorce on the grounds of cruelty and desertion.

(2.) THE factual matrix in brief is that the marriage between the parties was solemnized 14 -4 -87 according to Hindu rites. The respondent treated the appellant with cruelty. She was humiliated before servants and was threatened to be killed. The respondent also indicated suspicion against fidelity of the appellant and disowned the son born to her. The responder did not care to keep the appellant with him and thus deserted to her in Oct. 1988. These various acts caused reasonable apprehension in the mind of the petitioner that it will be harmful and injurious for her to live with the husband/respondent. She was tortured mentally also and on these twin grounds, the appellant presented the petition on 19 -11 -90 i.e. after expiry of two years from the date of desertion. She also claimed restoration of property retained by the respondent as particularised in the list annexed with the petition. The summons of the aforesaid petition was sent by Registered Post Acknowledgement Due also. The summons was treated to be served in terms of proviso to Order 5 Rule 19 -A of the Code of Civil Procedure, as the acknowledgement was not received by the Court within 30 days from the issue of summons. On this ground the application dated 1 -4 -92 was accepted by the Trial Court and the order to proceed Ex -parte against the respondent was passed on 1 -4 -1992. The appellant and her father were examined on 1 -5 -1992 and on 11 -6 -1992 respectively. On evaluation of Ex parte evidence, the Trial Court, however, dismissed the petition. Aggrieved by the judgment and decree passed by the Trial Court, the appellant has preferred this appeal.

(3.) LETT in the lurch, the wife, chagrined by lugubrious me, petitioned under Sections 13 (ia) and (ib) of the Hindu Marriage Act, 1955 for dissolution of marriage by decree of divorce complaining of matrimonial offences by the husband. The relevant provisions are extracted below : - -