SANJHI RAM Vs. MOHINDRO

JUDGEMENT

(1.) THE husband's petition for divorce on the grounds of cruelty and desertion was rejected by the Trial Court. His appeal having been dismissed by the learned Single Judge of this Court he has filed the present Letters Patent Appeal. A few facts may be noticed.

(2.) THE parties were married on September 22,1974. On September 25,1975, a daughter was born. On February 28, 1979, a son was born to the couple. The appellant filed a petition under Sectionl3 of the Hindu Marriage Act, 1955 for dissolution of marriage on a two-fold basis. He alleged that the wife had deserted him without any reasonable cause and that she had made false allegations against him and lodged an FIR on June 2,1981 alleging that he had committed offences under Sections 494 and 496, Indian Penal Code, whereupon the appellant was proceeded against under Section 109, Criminal Procedure Code. Levelling false allegations constitutes cruelty which entitles the husband to a decree of divorce. Both the pleas have been rejected by the Trial Court.

(3.) MR . A. P. Bhandari, learned Counsel for the appellant, has contended that the allegation of bigamy having been found to be false, the charge of cruelty should be taken to have been proved. Still further, learned Counsel submits that no finding of leading an adulterous life could have been recorded without impleading Madhu as a party. Learned Counsel has further contended that the wife had condoned the appellant's misdemeanour. The marriage has been irrevocably broken down. Thus a decree of divorce should be granted.