SATYA Vs. SIRI RAM

JUDGEMENT

(1.) THE appellant's marriage with respondent stands dissolved by the impugned decree of divorce granted under S. 13 of the Hindu Marriage Act, 1955(for short, the Act). For this the ground which has been accepted by the lower Court is that the appellant has been cruel to the respondent -husband inasmuch as she refused to be a child in spite of his persuasion. During a child in spite of his persuasion. During the period (30 -3 -1975) to 10 -1 -1977) they lived together the respondent impregnated her twice but both the times she got herself aborted. Incompatibility in matters of temperament and status had also been attributed to the appellant.

(2.) THE primary contentions of the learned counsel for the appellant are that firstly kit is not established as a matter of fact that the appellant was impregnated by the respondent at any time and, secondly, even if this is accepted to have been established, the abortion or termination of pregnancy at the instance of the appellant does not amount to cruelty to respondent.

(3.) IN the light of the above I unhesitatingly affirm the reasoning and conclusion of the lower Court and thus dismiss this appeal as totally without merit. I, however, refrain from burdening the appellant with costs in spite of the fact that she has been paid up -to -date the amount of maintenance granted to her pendente lite at the rate of Rupees 100/ - per month from the date of the institution of this appeal.