PAWAN KUMAR Vs. CHANCHAL KUMARI

JUDGEMENT

(1.) The husband's petition under Section 13 of the Hindu Marriage Act, 1955, for a decree of divorqe was dismissed by the trial Court. The First Appeal was also dismissed. Hence this Letters Patent Appeal.

(2.) The short question that arises for consideration is -- should the decree of divorce be denied despite the fact that the parties have admittedly been staying separately for the last more y than 13 years A few facts as relevant for the decision of the case may be briefly noticed.

(3.) The parties are Hindus. They were married on Dec. 2, 1984. The appellant alleges that they had parted company in January, 1985. The wife disputes it and states that they are staying separately since July, 1985. After four years, on April 3, 1989, the appellant had filed a petition under Section 13 of the Hindu Marriage Act. He alleged that the attitude of the respondent was harsh. She used to misbehave with him and his family members. She insulted them. In January, 1985 she left the matrimonial house and went to her mother' sister's house and thereafter to her mother's house. The appellant claims that in spile of repeated visits she and her family members refused to send her back, According to the appellant a settlement was arrived at between the parties on June 9, 1985. It was duly scribed by a deed writer. In pursuance to the agreement, an mount of Rs. 10,000/- was paid to her. The articles of dowry were also returned to her. She had agreed that both the parties could remarry. However, after taking the money she filed a petition under Section 125, Cr.P.C. wherein she admitted her signatures on the deed of compromise. The appellant maintains that the respondent has withdrawn from his society "without any reasonable cause". She has been cruel to him. Thus, he prays for a decree of divorce.