POONAM DEVI Vs. NARINDER KUMAR

JUDGEMENT

(1.) WITH the consent of the learned counsel for the parties the main appeal is taken up for disposal.

(2.) THIS is wife's appeal against the judgment and decree dated 7.8.2008 passed by the learned District Judge, Jalandhar on a petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short the Act) for dissolution of marriage by way of decree of divorce by the respondent/husband.

(3.) IT was the case set up by the respondent that allegations were false, baseless, vexatious and malicious, which resulted in mental and physical cruelty, therefore, he reasonably apprehended that it would be dangerous to live with the appellant. It was also the case of the respondent that the appellant deserted him for a continuous period of more than 2 years immediately preceding the filing of the petition without any reasonable and sufficient cause with an intention to put an end to matrimonial ties permanently. It was the case of the respondent that acts of the cruelty were not condoned and that the petition was filed without any improper and unnecessary delay.