HEMANT KUMAR SAHU Vs. GEETA SAHU

JUDGEMENT

(1.) This is the husband's appeal against the dismissal of his petition for divorce on the ground under section 13(1)(ib) of the Hindu Marriage Act, 1955.

(2.) Parties were married on 8-5-1970 according to Hindu rites and customs and had lived together for some time thereafter, but since 14-5-1972, they are living separately. The husband had, earlier on 1-2-1977, filed a petition for divorce on the ground of cruelty registered as Civil Suit No. 24-B/77 (Ex. D-1) but the said suit was dismissed on 1-9-1978 in default of his appearance (Ex. D-12). Furthermore, as regards one deed of divorce i.e. Talak Patra dated 16-12-1978, the wife had filed the Suit No. 9-A/79 on 20-3-1979 for declaring the said deed of divorce to be illegal and inoperative and for injunction restraining the husband for marrying again. The husband having admitted the claim as laid by the wife, the wife's suit was decreed in toto on 13-4-1979 (Exs. D-2, D-13 and D-13-A).

(3.) The husband (present appellant) on 16-4-1979 i.e. just three days after the judgment and decree in Civil Suit No. 9-A/79 filed the petition for divorce on the ground of desertion. It was alleged that since 14-5-1972, the wife left the matrimonial home in the company of her uncle and aunt and never returned back and thus, she deserted him for a continuous period of more than six years immediately preceding his petition for divorce. The wife on her part, challenging the maintainability of the husband's claim in face of the earlier dismissal of his suit for divorce, contended that she herself had not deserted the husband, but on the contrary, it was the husband, who had driven her out of his house on the particular date.