SMT. KANTA RANI Vs. SHRI DARSHAN LAL

JUDGEMENT

(1.) DARSHAN Lal and Kanta Rani got married on 16th April, 1971. Out of the wedlock, a daughter was born on 7th March, 1972 and a son in the year 1975. While the husband is a teacher, the wife is a clerk in Excise Department. The present divorce petition was filed on 25th October, 1979 on the plea of desertion for a continuous period of more than two years and on account of her conduct to escape marital duties, which amounted to cruelty Undisputedly, the parties lived together till before 3rd June, 1977. While according to the husband, the wife left his house on 3rd June, 1977 and started living at the house of her sister in the same town (Kurukshetra) alongwith children, whereas according to wife, she was forced and compelled to leave the house on 23rd December, 1978 and she started living in a house purchased by her. The compelling reasons were stated to be that the wile generally remained sick and, therefore, she was helpless to become a maidservant and that since the filing of the previous petition for restitution of conjugal rights by the husband, his parents started nagging her and she was mentally and physically tortured by the husband and his parents.

(2.) ON the contest of the parties, following issues were framed : - -

(3.) WHAT is the effect of the withdrawal of the previous petition under section 9 of the Hindu Marriage Act ? OPR.