PAWAN KUMAR Vs. CHANCHAL KUMARI

JUDGEMENT

(1.) Husband -appellant has filed this appeal Under Sec. 28 of the Hindu Marriage Act, 1955 (in short, the Act) for seeking decree of divorce Under Sec. 13 of the Act.

(2.) Uncontroverted facts are that on December 2, 1984, the Parties were united in a nuptial tie. Since January/July 1985 they are living separately. They are not blessed with any issue in this matrimonial alliance.

(3.) Brief resume of the petitioner -appellant's case is that after marriage the wife -respondent lived in the matrimonial home only for a month. During this period her behaviour was cruel towards the members of his family. In January 1985 she left the matrimonial home and never returned thereafter, and thus deprived him of the pleasures of sexual life. On June 9, 1985, a compromise was arrived at between the parties. A deed was executed under which Rs. 10,000/ - were paid to the respondent, all her dowry articles were returned to her and they agreed to depart with liberty to remarry. Later on she filed a petition Under Sec. 125 Cr. P.C. against him. Thus he claims decree of divorce on the grounds of desertion and cruelty.