SUNDARI DEVI Vs. RAM LAL

JUDGEMENT

(1.) THIS order will dispose of two First Appeals Nos. 94-M of 1989 and 90-M of 1985 both of which involve common questions of law and identical facts.

(2.) IN F. A. O. No. 95-M of 1989, the wife has filed an appeal against the order dated March, 14, 1989 passed by the Additional District Judge, Gurgaon who, on the petition of the husband filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter called 'the Act') has dissolved the marriage between the parties by a decree of divorce.

(3.) MARRIAGE between the parties was solemnised on April 13, 1976 at Palwal according to Hindu rites and thereafter they lived and cohabited as husband and wife at Sohna. No issue was born out of the wedlock. It is admitted case of the parties that both were working as teachers at the time of marriage. The wife was posted at Palwal whereas the husband remained posted at a place nearby Sohna which is at a distance of 28 kilometres. It is also the common case of parties that the wife lived at Palwal with her parents and used to visit the husband only on week ends and during vacations. Since the appellant had withdrawn from the society of the respondent-husband without any reasonable and sufficient cause and she wilfully refused to join the matrimonial home for the last several years, the respondent-husband filed a petition under Section 13 of the Act seeking a decree of divorce on the ground that he suffered mental cruelty because of the callous attitude of the wife. This petition was contested by the wife and the pleadings of the parties gave rise to the following issues : 1. Whether the petitioner is entitled to the dissolution of marriage by decree of divorce, on the grounds, as alleged ? OPP. 2. Whether the petition is not maintainable as alleged ? OPR. 3. Relief.