VIJAY SINGH Vs. SHARMILA

JUDGEMENT

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

(2.) Marriage between the parties took place on 15.2.1982 and divorce petition giving rise to this appeal was filed by the appellant-husband on 5.5.1995 alleging inter alia that the respondent-wife was a hot tempered lady and did not cook meals and finally on 28.2.1992, she left the matrimonial home and was living separately without any reason. The respondent-wife contested the petition and submitted that the appellant-husband ill-treated her and turned her out of the home after giving beatings and when she filed a petition for divorce. The trial Court after appreciating the evidence on record, found that it was the appellant-husband who treated the respondent-wife with cruelty and further it was he who deserted the respondent-wife, and dismissed the petition. Hence this appeal.

(3.) The matter was referred to Lok Adalat but on finding that there was no possibility of compromise, it was again sent back to High Court for its decision on merits.