JATINDER KUMAR Vs. CHANDER KANTA

JUDGEMENT

(1.) No exception can indeed be taken to the denial of a decree for divorce to the husband Jatendar Kumar.

(2.) The marriage between the parties took place on April 12, 1978. They have a child-son born on March 19, 1979. It is the common case of the parties that they have been living apart since August 20, 1979. It was admitted by the husband Jitendar Kumar that no effort had been made by him since then, i.e., August 1979, to either bring back his wife or even to see his son. The case of the wife Chander Kanta, on the other hand, was that several attempts had been made by her to persuade her husband to take her back. In this behalf, she clearly and categorically also stated in the witness- box that she was prepared to go back to her husband unconditionally. Jitendar Kumar, on his part, however, stated that he was not prepared to take her back. These facts clearly suffice to negative desertion as a ground for divorce as was sought to be put-forth by the husband.

(3.) As regards the other ground, namely, cruelty, this too cannot be sustained having regard to evidence that has come on record. What the husband tried to show was that his wife was rude to him and would pick up quarrels with him, his parents and his brothers. It was also alleged that at times she pretended to be under the influence of some evil spirit and during such periods she would deliberately misbehave with him and his relations. These allegations of the husband were, of course, denied by the wife Chander Kanta.