SUNITA KUMARI Vs. BHUMI CHAND

JUDGEMENT

(1.) The appellant is aggrieved by the order passed by learned District Judge, Hamirpur, on 24.12.2013, whereby the marriage between the parties was ordered to be dissolved under Section 13(1) (ia) (ib) of the Hindu Marriage Act.

(2.) The brief facts of the case as per the respondent (who was the petitioner before the Court below) are that the marriage between the parties was solemnized on 28.7.2002 in accordance with Hindu rites and customs. One son, namely, Suraj was born out of the wedlock. The appellant began to reside in the house of her parents and thereafter a compromise was affected between the parties at the instance of Pradhans of the respective Gram Panchayats. As per the compromise effected on 11.3.2010, parents and relatives of the respondent along with Pradhan Urmila Devi and other villagers went to the parental house of the appellant to bring her back to her matrimonial house, but she did not join her matrimonial home.

(3.) The respondent was serving in the Army and suffered a stroke of paralysis, due to which he was admitted in the Army hospital, but the appellant did not even care to see, much less look after him. He was discharged from the hospital on 19.1.2011 and thereafter on 24.10.2011 came to his home after availing leave and sent a message to the appellant through his father. But, even then the appellant refused to come to the house of the respondent. It was alleged that no cohabitation has taken place between the parties since March, 2010 and the appellant has not only deserted the respondent, but also treated him with cruelty.