LILU RAM Vs. SALOCHANA

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 8.8.1992 rendered by the Additional District Judge, Hisar, dismissing the appellant's divorce petition under Sec. 13 of the Hindu Marriage Act.

(2.) Marriage between the parties took place on 3.4.1983. On 11.5.1990, the appellant-husband filed a petition for divorce alleging that the father of the respondent-wife was a greedy person and demanded a sum of Rs. 50,000.00 for sending her to the matrimonial home. It was further stated that on 28.8.1989, the decree for restitution of conjugal rights was granted in favour of the appellant and for one year thereafter, the respondent-wife failed to join the appellant-husband. The respondent-wife contested the petition and stated that after the decree for restitution of conjugal rights was passed, she came and resided with the appellant-husband but was turned out of the house. It was stated that the appellant-husband wanted dowry and not being satisfied in that regard, turned her out of the house. The trial Court held that the plea of desertion raised by the appellant-husband was not substantiated and dismissed the divorce petition. Aggrieved thereby, the appellant-husband has preferred this appeal.

(3.) After admission of the appeal, the matter was referred to Lok Adalt under Sec. 20 of the Legal Services Authorities Act, 1987 but finding that there was no possibility of compromise, the Lok Adalat had referred the matter back for decision on merits.