JAI BHAGWAN Vs. MADHU BALA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of October 26, 1987 passed by District Judge, Sonepat.

(2.) FACTS of this case are in a narrow compass. Madhu Bala, respondent herein, was married to Jai Bhagwan on December 13, 1978. She gave birth to a still born baby in 1981 who did not survive. On the night intervening 19th/20th of August, 1982 respondent Jai Bhagwan conspired with Maman and his wife Chhanno and committed the murder of Sanjay alias Binny son of Dr. Radha Kishan. The petitioner appeared as an eye witness against the accused, including her husband, at the trial of that murder case. That trial ended in conviction and capital punishment was awarded to the respondent which on appeal was converted into life sentence by the High Court, but against that judgment of the High Court, Special Leave to appeal (Crl. No. 1959 of 1986) filed by the respondent stands admitted in the Supreme Court and is still pending there.

(3.) THE petitioner sought a decree of divorce against the respondent on the ground of desertion pleading :