BHAGAT RAM Vs. SMT. SANTOSH KUMARI

JUDGEMENT

(1.) This appeal filed on behalf of husband Bhagat Ram arose out of a petition under Sec. 13 of the Hindu Marriage Act for dissolution of Marriage by a decree of divorce on the ground of desertion. The petition under Sec. 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act') has been dismissed by the learned Additional District Judge as he came to the conclusion that the husband failed to prove the desertion as alleged by him.

(2.) The marriage between the parties took place on 18th May, 1974. Out of this wedlock a son was born on 14th March, 1975 at Ajnala in the house of the wife's father. The petition for divorce was filed on 4th April, 1979 on the allegations that the respondent -wife deserted the appellant for more than two years and left him in July, 1976 and thereafter she did not come back to him inspite of his efforts to bring her back. She was stated to be a lady of aggressive nature and that she used to abuse and deal with filthy language with her husband and his parents and that she even did not make herself available to the husband for co -habitation for a long period which affected him physically and mentally as well and as such committed cruelty upon him. These allegations were denied by the wife -respondent in her written statement. She pleaded that the husband had turned her out of his house in November, 1978 and till then she has been living at his house and performing all the marital duties and that neither she deserted nor committed cruelty upon him. On the pleadings of the parties the following issues were framed: -

(3.) The learned counsel for the husband -appellant vehemently contended that the evidence of the wife -respondent could not be believed, as she never pleaded these facts in her written statement. According to the learned counsel the desertion on the part of the wife is amply proved on the record.