KRISHNA DEVI Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) The marriage between the parties went to rocks and husband Brij Bhushah was left with no other option but to file a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") against his wife Krishna Devi for dissolution of their marriage by a decree of divorce.

(2.) As per the case of the respondent- husband, the marriage between the parties was solemnized on 16-2-1975 according to Hindu rites and after marriage, they lived together as husband and wife leading to the birth of two children Anoop Kumar and Rahul. During the period they lived together, the behaviour of the appellant-wife towards the respondent-husband and his family members was cruel and she along with her brother used to beat and insult him and ultimately, he was thrown out of the matrimonial home and therefore, he faced mental and physical cruelty at the hands of the appellant-wife. It is further pleaded that the appellant-wife has withdrawn herself from the society of the respondent-husband without any reasonable cause and she has deserted him for the last more than four years. Hence the present petition.

(3.) On notice, the petition was contested by the appellant-wife admitting the factum of marriage on 16-2-1975 and that two chil- dren were born from their wedlock. Denying the desertion on her part, it was pleaded that it was the respondent-husband who had deserted her for the last more than four years without any reasonable excuse and without caring for the maintenance of the appellant- wife and the children. It is further pleaded that the father of the respondent-husband along with others tried to alienate her share in the ancestral property. A civil suit was filed wherein the respondent husband made a statement in the Court undertaking to give l/6th share each to his sons. It is denied that she ever indulged in physical violence and refuted all the allegations pleaded in the petition and prayed for dismissal of the same.