(1.) DARSHAN Kumar, the husband, filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage against his wife, Manju Rani which was dismissed by the District Judge, Kurukshetra, on June 15, 1987. Darshan Kumar has come up in appeal.
(2.) THE marriage between the parties was solemnised on June 5, 1979, at Karnal. After the marriage they lived at village Siwan, District Kurukshetra. Two children were born out of the wedlock. Unfortunately both of them died. The spouses separated and the husband filed a petition for divorce on the ground of cruelty in 1984 which was dismissed on December 18, 1985 by Additional District Judge, Kurukshetra. An appeal was filed in the High Court which was dismissed by the Division Bench at the motion hearing observing that on the facts stated in the written statement filed by Manju Rani in that case the husband could file a fresh petition for divorce. This order was passed by the High Court on March 6, 1986. Darshan Kumar field the present petition on May 27, 1986 for dissolution. of marriage on the ground of cruelty in view of the facts stated by Manju Rani in the written statement filed in the previous case. Those facts which constitute cruelty were stated to be as under:
(3.) THE petition was contested by Manju Rani, inter alia, on the grounds that the present petition was barred by the principle of res judicata. The allegations of cruelty were denied. The ground of desertion taken were also disputed. On the pleadings of the parties the following issues were framed: