MOHINDER SHAH SINGH Vs. MRS. DALBIR KAUR

JUDGEMENT

(1.) This appeal has been preferred by the appellant -husband against the dismissal of his divorce petition on the grounds of cruelty and desertion.

(2.) Marriage between the parties took place on 12.5.1976 and out of this wedlock, a son was born on 15.8.1977 who is stated to be living with the wife and now being 24 years bf age is said to be in the Air Force. The appellant -husband filed a divorce petition on 30.3.1993 alleging, inter alia , that the wife was cruel to him and she deserted him from October 1976 to November 1986 and later on from August 1989 she was living separately; she was employed as Mistress and was neglecting the husband. She wanted the husband to shift to her parents' house; father of the wife threatened the husband that he will implicate him in a false case; to wife wanted the husband to get a share in the property of his parents and started living in the house of her parents. The husband was not allowed to live with the son. The wife contested the petition stating inter alia, that the divorce was sought about seventeen years after the marriage and since the parties had resumed cohabitation in the year !986 and lived together till August 1989, the alleged acts of cruelty prior to 1986 were not relevant. The wife had been threatened by the husband and his family members and the husband had neglected the wife and the child.

(3.) The trial court after appreciating the evidence on the record rejected husband's version and held that the husband was not able to prove the allegations of cruelty and desertion levelled by him against the wife. It was observed that from the allegations made by the husband, inference of cruelty could not be drawn. It was further held that from living separately by the wife, inference of desertion could not be drawn, as she had no animus deserendi.