CHAMELA RAM Vs. GAINDO

JUDGEMENT

(1.) This is an appeal filed by Chamela Ram against the order of Additional District Judge, Ambala, dated February 7, 1978, dismissing his petition for divorce under section 13 of the Hindu Marriage Act against his wife Shrimati Gaindi respondent.

(2.) The appellant and the respondent were married in April, 1946, and according to the appellant they lived together till 1969-70. The appellant filed a petition for divorce against the respondent alleging that after 1970 the respondent went to her father and then filed an application under section 488, Code of Criminal Procedure, wherein a compromise was effected and the respondent started living with him. About six months thereafter, the respondent was again taken away by her brother and she did not return to him there - after. The respondent obtained an order for maintenance from the Court of Judicial Magistrate, Jagadhari, on January 10, 1974, and in execution thereof, he had undergone simple imprisonment for one month. As the respondent had withdrawn from the society of the appellant without reasonable excuse and has deserted him for a period of more than two years, the appellant prayed for dissolution of his marriage with her by a decree of divorce.

(3.) The respondent, in her written statement, denied that she had left the house of the appellant of her own. She alleged that she had been mal-treated by the appellant who had turned her out. He had effected a second marriage. Site had become blind on account of the maltreatment of the appellant and she was dependent upon her parents.