SADA NANDA Vs. INDRA DEVI

JUDGEMENT

(1.) This appeal presented under Section 28 of the Hindu Marriage Act, 1955 (for short the Act) is directed against the judgment and decree dated 3.10.1986 rendered by the Additional District Judge, Jalandhar in HM. Case No. 116 of 1985 thereby dismissing the application seeking dissolution of marriage by a decree of divorce on the grounds of cruelty and desertion.

(2.) In a nut shell the facts of the case are that the appellant was married to the respondent on 25.5.1964. In this wedlock the respondent gave birth to a son, who is now aged about 21 years. Son is living with the respondent. There is a chequered history of litigation between the parties. On 6.2.1975 the respondent withdrew from the matrimonial home without any reasonable excuse. The appellant filed a petition under Section 9 of the Act on the ground of desertion which was decreed on 26.3.1974. On 19.4.1976 he filed a petition for divorce which was withdrawn on 9.6. 1976 as the respondent gave him an assurance to rejoin. On the basis of the decree passed under Section 9 of the Act, he filed another petition for divorce which was dismissed on 2.5.1978. He preferred an appeal against that judgment and decree, but the High Court dismissed the appeal on 20.11.1978. He filed another petition under Section 9 of the Act which was also withdrawn on the respondents assurance to perform the matrimonial obligations. He filed execution petition also to implement the said decree. That too was dismissed.

(3.) The appellant's contention is that the respondent does not want to reside in the matrimonial home. She is always going false assurance to frustrate his legal actions. She was deserted him for a period of more than two years. He is always prepared to take her in his fold, but she is declining to rejoin without any reasonable cause. She filed a petition under Section 125 Cr. P. C. against him. She also prosecuted him under the Dowry Prohibition Act. She is not permitting him to see his son thereby she has treated him with cruelty. Hence, he filed this divorce petition on 4.12.1985.