AMARJIT KAUR Vs. SARUP SINGH

JUDGEMENT

(1.) APPELLANT wife has assailed the judgment and decree passed by the trial Court in HM Case No. 43/13 of 1987 whereby her petition filed under Section 13 of the Hindu Marriage Act (for short 'the Act') for dissolution of marriage by a decree of divorce has been dismissed on 1.12.1987.

(2.) UNASSAILED facts are that the petitioner -appellant was married to the respondent on 29.11.1980. Thereafter they lived under the same roof in village Aluna till August 1982 and discharged their matrimonial obligations. In January, 1983 the petitioner -appellant gave birth to a daughter in this wedlock at her parental home in village Majri, but the child breathed her last immediately after her birth.

(3.) THE respondent denied inter alia that he ever behaved cruelly with her or he turned her out from the matrimonial home in August, 1982. According to him after having been discharged from the Hospital when he reached matrimonial home, the petitioner -appellant candidly told him that now he has become unfit due to the in -juris sustained by him. She would not live with him. He entreated her not to leave him at that hour of need, but breaking the shackle of marriage, she went to her (sic) rental home against his wishes. After the birth of the child, he tried to bring her (sic)k, but she declined. Thus she is guilty of desertion and she cannot take advantage (sic)er own fault.