JARNAIL KAUR Vs. SARWAN SINGH

JUDGEMENT

(1.) Sarwan Singh, respondent herein (hereinafter referred to as the petitioner), sought divorce from his wife Smt. Jarnail Kaur, appellant herein (hereinafter referred to as the respondent) inter alia on the ground that the respondent had deserted him, that she had been suffering continuously and intermittently of mental disorder of such a kind to such an extent that the petitioner could not reasonably he expected to live with her and that the respondent had practised cruelty on the petitioner.

(2.) The Matrimonial Court returned a finding against the petitioner regarding his plea of desertion and mental disorder of the respondent. However, his plea of cruelty prevailed with the court which led it to allow the petition and grant a decree of divorce. That order has been challenged in this appeal at the instance of the respondent-wife.

(3.) After hearing the counsel for both sides. I am of the opinion that this appeal must succeed for the reasons hereinafter mentioned.