LALIT KUMAR AGRARWAL Vs. MADHUBALA AGAWAL

JUDGEMENT

(1.) This appeal by the husband has been directed against the judgment and decree dated 24th Nov. 1983 passed by the District Judge, Durg whereby the divorce petition (Civil Suit No. 17-A of 1982) filed by the appellant against his respondent wife under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act'), has been dismissed.

(2.) The appellant and respondent are admittedly husband and wife having been married in the year 1972 according to Hindu customs. The petitioner appellant filed the petition for divorce against his wife under section 13 of the Act on the grounds (a) that the mind of his respondent-wife is underdeveloped ; (b) that she had aborted without his consent a child conceived from some one else and (c) that the respondent wife had deserted him for a period of more than two years from the date of filing of the divorce petition.

(3.) These allegations were refused by the respondent in her written statement by contending that she was not a lady of under-developed mind and that she was never deserted the appellant. Regarding the abortion she pleaded that the child was conceived from sexual intercourse with her husband-appellant who was having access to her till the year 1978. She further pleaded that she resorted to abortion of the child with the consent of her husband-appellant who was present at the time of the abortion.