BHAIYALAL Vs. SUDHA

JUDGEMENT

(1.) THE petition filed by the husband for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955, on the alleged ground of cruelty and desertion has been dismissed by the Matrimonial Court at Sagar by Judgment dated 30th September, 1984 against which this appeal has been preferred by the husband.

(2.) THE marriage took place between the parties on 10. 3. 1984 and a female child was born. The husband is in service as teacher and at the relevant time was posted in village Naryali, Sagar. The respondent-wife was serving in Aganbadi at Khurai. According to the husband's allegation the wife was treating the husband with cruelty by hurling abuses. She was insisting on him to live with her in her parents' house. According to the husband she deserted the matrimonial home in the year 1989 and never returned thereafter.

(3.) THE respondent-wife resisted divorce proceeding stating the husband has undergone an illicit bigamous marriage with one Meena and has also a child born from her. She denied the allegation made against her of cruelty and desertion. The learned Trial Judge accepted the case of the wife, that the husband had developed illicit relationship with Meena. He, therefore, rejected the petition for grant of decree of divorce on the alleged ground of cruelty and desertion. Learned Judge of the Trial Court has also held that the plea of cruelty and desertion was not substantiated on the basis of evidence led by the husband.