GURMEET SINGH Vs. KASUSHALYA BAI

JUDGEMENT

(1.) This is an appeal against the order dated 26.10.1991 passed by Additional District Judge, Ferozepur dismissing a petition under Sec. 13 of the Hindu Marriage Act filed by the appellant-husband against the respondent-wife.

(2.) Marriage between the parties took place in Dec., 1980 and a female child was born out of the wedlock. It was alleged that the respondent deserted the appellant and treated him with cruelty by making baseless allegations against him, and on that account a decree for divorce was sought. Petition was contested where the respondent took a plea that it was the appellant who had treated her with cruelty. He had developed illicit relations with one girl Pummy and when the respondent objected to this, she was turned out of the matrimonial home. Certain other pleas were also raised, but it is not necessary to notice all the pleas. Trial court framed the following issues:-

(3.) Trial court after perusing the evidence recorded a finding that it was not the respondent who had deserted the appellant but it was the conduct of the appellant which forced the respondent to reside separately Trial court further held that it was the appellant who was treating the respondent with cruelty having contracted another marriage as was admitted in compromise Exhibit R-1. In view of these findings, trial court dismissed the petition for divorce. Aggrieved thereby, the appellant-husband has filed this appeal.