ARCHNA Vs. AJAY KUMAR

JUDGEMENT

(1.) The appellant has directed this appeal against the judgment and decree dated 15.5.1996, rendered by IX Additional District Judge, Indore in Hindu Marriage Case No. 157/92, thereby allowing the petition of the respondent/husband for grant of divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, 'the Act').

(2.) Briefly stated the facts of the case are that the appellant and respondent are husband and wife and their marriage was solemnized according to Hindu customs and rites on 10.7.1989. The appellant and respondent after their marriage lived together as husband and wife till 31st January, 1990. It is not disputed that from 31.1.1990, appellant/wife Archna was living separately at her parental home at Ujjain. The respondent-husband filed a petition against the appellant/wife on the ground of cruelty and desertion, for grant of decree of divorce under the provisions of Section 13 of the Act. The petition was contested on behalf of the appellant. The trial Court on framing issues and recording evidence of the parties, allowed the petition and granted decree of divorce against the appellant only on the ground of desertion under Section 13(l)(ib) of the Act. Aggrieved, the appellant has filed this appeal against the impugned judgment and decree of the trial Court.

(3.) The Counsel for the appellant con tended that from the evidence on record desertion of the respondent by the appellant without reasonable cause and without consent or against the wish of the respondent is not proved. As such no decree for divorce on the ground of desertion is sustainable and deserves to be demolished.