SANJAY JAIN Vs. RAJNI

JUDGEMENT

(1.) The present appeal has emerged out of a matrimonial relationship wherein the parties stayed together only for a short span of 21 days after their marriage on 19.8.1994. Both the parties were earlier married, had one child each from their earlier wedlock and got decree of divorce before contracting second marriage.

(2.) The appellant blamed the respondent-wife for deserting him without any reasonable cause or excuse since 10.9.1994. It is averred that the appellant convened panchayats twice in the house of Sh. Amrit Bansal, his maternal uncle. A sitting was also held at the house of in laws of elder sister of the respondent and then at the house of Sh. Shiv Mittal of M/s Aarti Steels for cohabitation between the parties but the respondent did not agree to come back to the matrimonial home. His efforts for reconciliation through office of the Red Cross Society did not yield any result, the respondent demanded a sum of Rs. 6,00,000.00 as a compromise formula which the appellant was unable to pay in view of his financial status.

(3.) The respondent filed the written statement and, in turn, denied all the allegations accusing her being guilty of desertion. It is averred that the appellant earlier filed a false and frivolous petition under Sec. 7 of the Hindu Marriage Act, 1955 (for short "the Act") on the allegations that the respondent is not his legally wedded wife. The petition was withdrawn on 24.10.1998 from the Court at Ludhiana. The appellant has deserted the respondent without any reasonable and probable cause.