VARINDER NATH Vs. JEEWAN JYOTI

JUDGEMENT

(1.) THE appellant and the respondent are residents of Gurdaspur town. Their marriage was solemnised on 10.12.1988 at Gurdaspur according to Hindu rites. After the marriage they lived together at Gurdaspur and cohabited as husband and wife. From the wedlock, a male child namely Bharat was born on 13.10.1989. Thereafter, differences arose between them and it became difficult for them to live together under the same roof as husband and wife. Ultimately, the wife left the matrimonial home on 11.4.1992 without informing her husband and started living with her parents. Ultimately, Varinder Nath filed a petition under Section 13 of the Hindu Marriage Act seeking a decree of divorce on the ground of cruelty. The petition was filed on 3.6.1992.

(2.) ON contest by the wife, the petition was dismissed by the learned District Judge, Gurdaspur vide judgment and decree dated 24.5.1994 with costs which were assessed at Rs. 500/-.

(3.) AS stated earlier the marriage between the parties was solemnised according the Hindu rites on 10.12.1988. After that, Jeevan Jyoti gave birth to a son on 13.10.1989. In the month of April, 1992 she left the company of her husband Varinder Nath without any intimation to him and started living with her parents and never returned to her matrimonial home. The parties are litigating for the last more than four years. Therefore, there appears no reasonable cause to keep the petition pending for a statutory period of six months. From the facts and circumstances of the case it is clearly made out that it has become very difficult for both the parties to live together as husband and wife under the same roof. Therefore, the condition for keeping the petition pending for a statutory period of six months is waived off. Separate statements of the parties have been recorded. While making statements, both the parties have reiterated the averments contained in their joint petition under Section 13-B of the Act. We are satisfied that they have made the statements without undue influence, coercion or any other pressure.