SURINDER MOHAN CHOPRA Vs. NIRMALA CHOPRA

JUDGEMENT

(1.) THE husband is the appellant who has approached this Court through the present Letters Patent Appeal challenging the judgment dated July 27,2001 passed by the learned Single Judge. Learned Single Judge through the impugned judgment had allowed the first appeal filed by the respondent-wife and,consequently, set aside the decree of divorce granted by the learned trial Court.

(2.) THE appellant-husband had filed a petitioner under Section 13 of the Hindu Marriage Act for dissolution of marriage between the parties. The marriage between the parties was solemnised on April 30,1974. The dissolution of marraige was sought by the husband on account of cruelty of the respondent- wife towards the husband. It was claimed by the husband that the behaviour of the respondent-wife was cruel towards the husband and she also was levelling false allegations of his illicit relation with some other woman. The husband also claimed that the wife had withdrawn herself from the matrimonial home without any sufficient cause and, as such, had deserted him.

(3.) A replication was filed by the husband controverting all the pleas raised by the wife.