GURBACHAN KAUR Vs. PREETAM SINGH

JUDGEMENT

(1.) This is an appeal arising under Section 28 of the Family Courts Act filed by the wife appellant attacking the judgment and decree of Sri Surendra Pratap Mishra, Family Court Judge, Allahabad dated 10.3.1997 in case No. 293 of 1991 by virtue of which the divorce was granted to the respondent (wife) on the ground that marriage has broken down and there is no hope of revival as 14 years have passed and both husband and wife have deserted each other.

(2.) The brief facts which are culled out from the appeal as well as written statement and from the record are as follows :-

(3.) The learned counsel for the appellant Shri T.P. Singh has submitted that the Family Court has committed mistake by holding that it is a case of mutual desertion. He has further submitted that the Family Court fell in error after holding that cruelty and desertion has not been proved, the decree of divorce could not have been granted. He further submitted that the appellant- respondent was doing job at Varanasi at the instance of husband. He further stated that despite reconciliation the petitoner-respondent did not agree to resume the marital relations.