AMITA RANI Vs. TILAK RAJ

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15-5-1978 rendered by the learned Additional District Judge, Hoshiarpur, whereby he granted a decree for divorce against the appellant in favour of the Respondent. The parties were married together on 29-6-1971. In July, 1972, a daughter was born to them. The respondent filed an application for divorce with the allegations that the appellant had deserted him for a period of more than two years without any lawful cause and also treated him cruelty inasmuch as she used to administer threats to him that she would commit suicide. These allegations were denied in the written statement filed by the appellant. On the pleas raised by the parties, the learned trial court framed the following two issues ;

(2.) The respondent also relied upon a document Ex. P.W. 5/1 dated 24-3-1974, wherein Kartar Chand R.W. 2, father of the appellant, had written that in case the appellant inspite of being given love took the wrong step of committing suicide, the respondent and his parents shall not be responsible for that.

(3.) The appellant besides entering the witness box as R. W. 1 produced in defence her father Kartar Chand K. W. 2 and Seth Shiv Chand R. W. 3. After going through the entire evidence, the learned trial Judge decided both the issues in favour of the respondent and granted him the relief claimed.