RAM SINGH Vs. SMT. OMAWATI

JUDGEMENT

(1.) THIS is husband's appeal whose petition for divorce under Section 13 of the Hindu Marriage Act has been dismissed by the trial Court.

(2.) THE marriage between the parties was solemnised in March, 1972. A male child was born out of the wed -lock, who is living with his mother. The wife left the company of the husband in the month of August, 1978. She filed an application under Section 125 of the Code of Criminal Procedure, for maintenance which was compromised on 22.10.1980 and the parties decided to live together Later on there was another compromise on 5.12.1980, copy Annexure P. 1, whereby the husband agreed to give maintenance of Rs 100/ - per month for the wife and Rs. 40/ - per month for his son. The husband again filed a petition for divorce on 6.2.1981 which was again dismissed on compromise with an understanding that a joint petition will be filed for the grant of a decree for divorce on payment of Rs. 12,000/ - by the husband to the wife Since the wife did not agree to file a joint petition, hence the present divorce petition was filed on 14.3.1986 on the grounds of desertion, cruelty and adultery on the part of the wife. It was pleaded that after the compromise dated 6.3.1981, the wife has been ignoring the filing of a joint petition for divorce by mutual consent, as per the agreement and the husband has been requesting her to fulfil the said agreement but she did not turn up. There has been so many Panchayats of respectables and relatives from both the parties in which it was decided for filing a petition for divorce as per agreement dated 6.3.1981. It has been also alleged that there has been no cohabitation between the parties since August, 1978 and the marriage between him and the wife is a broken marriage and they could not lead a happy married life. There was no possibility of reconciliation either.

(3.) ON the pleadings of the parties, the trial Court framed the following issues: