GIAN DEVI Vs. SARWAN KUMAR

JUDGEMENT

(1.) F. A. O. No. 115-M of 1978 is against the order granting the application of the husband-respondent for restitution of conjugal rights; whereas F A O. No. 116-M of 1918 has been filed against the order of dismissal of the wife's petition for divorce. Since both the applications, i. e. the application for restitution of conjugal rights filed by the husband and the application for divorce filed by the wife, were consolidated by the trial Court and were disposed of by one judgment, two separate appeals had been filed. Thus this judgment will dispose of both the appeals filed by the wife-appellant.

(2.) The divorce petition has been filed on 15th September, 1977 by the wife Smt. Gian Devi under section 3 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for dissolution of her marriage with her husband Sarwan Kumar, on two-fold grounds of desertion and cruelty.

(3.) In this petition, the wife has inter alia, stated that she was married with Sarwan Kumar respondent, In May, 1970. After their marriage, both of them lived together and co-habited for short intervals spread over a period of three years. Since no child was born out of this wedlock, her husband treated her with cruelty and was beaten on several occasions and ultimately she was turned out of his house in the first week of June, 1973, and since then she has been residing at her parents' house She further avers that her husband thereafter made no attempts to satisfy her about the apprehension to her personal safety and to take her back for resumption of marital life. This in action on the part of the husband constitutes her desertion.