SATNAM SINGH Vs. KULWANT KAUR

JUDGEMENT

(1.) Husband-appellant has filed this appeal against the judgment and decree of the trial Court dated November 30, 1987, whereby his petition filed under sections 13 and 26 of the Hindu Marriage Act, 1995 (in short, the Act) was dismissed.

(2.) Uncontroverted facts of the case are that the parties were married on November 16, 1997, at Talwara. Out of this wedlock, respondent gave birth to a son on August 3, 1980, at her parental home. During those days the appellant was employed at Delhi. The respondent lived with him at Delhi till June 29, 1980, the date on which she left for her parental home for her first delivery. Since then the parties are living separately. On March 16, 1982, the appellant filed a petition under section 9 of the Act at Delhi. Twice ex parte decree was passed and twice it was set aside as she moved a petition under Order 9 Rule 13 CPC. Finally the appellant got his petition dismissed. On April 15, 1982, the respondent filed a petition under section 10 of the Act, which was dismissed on April 9, 1985, in default. The respondent also filed a petition under section 125 Cr.P.C. claiming maintenance for herself as well as for her son. By order dated March 3, 1983, the petition was partly allowed. Maintenance was awarded only for the son. Revision filed against that order was also dismissed on April 5, 1986. Thereafter on December 19, 1986, the appellant filed this petition for divorce on the grounds of desertion and cruelty. In this petition he also claimed the custody of the minor son Monu under section 26 of the Act.

(3.) Petitioner-appellant's contention was that soon after the marriage the respondent's behaviour towards him and members of his family was not proper. She was always nagging and insulting them on the count that their standard of living was not at par with the standard of living of her parents. At the time of marriage, since he was not having a separate residence for himself, she could not come to Delhi, but as soon as he could arrange for a separate residence for himself, he asked her to come to Delhi. Thereafter till June 29, 1980, they stayed together at Delhi. As she was in the family way at that time, she expressed the desire to go to her parental home for her first delivery. Though he was not willing for it, but against his wish and without his consent she left for her parental home on June 29, 1980. Thereafter she never came back to the matrimonial home. Though he and his parents made a few attempts to bring her back, but she and her father declined. She made allegations against him that he was having relations with another woman. She filed civil as well as criminal cases against him. Thus, she treated him with cruelty and deserted him without any justifiable cause. Hence, on both these counts he claimed a decree of divorce. (He also claimed custody of the son, which was declined to him, but against that order this appeal is not filed.)