REETA DEVI Vs. MANOHAR LAL

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 15.9.2015 rendered by the learned Additional District Judge (II), Mandi, District Mandi, Himachal Pradesh in HMA No. 45/15/2010.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the marriage between the parties was solemnised on 24.11.1988. Respondent has filed petition under Section 13 of the Hindu Marriage Act for dissolution of marriage before Additional District Judge (II) Mandi. According to the averments made in the petition, appellant left the matrimonial home in April, 1990 without any reasonable cause. Appellant has caused mental as well as physical cruelty to him. Petition was contested by the appellant. Factum of marriage was admitted. It was denied that the appellant has willfully deserted the respondent. Respondent started ill -treating the appellant immediately after marriage. Local Panchayat was informed. However, respondent did not mend his ways. Respondent without any reasonable cause ousted the appellant from the matrimonial home in April, 1990. She was forced to live with her parents. Learned trial Court framed issues on 23.3.2013. Petition was allowed by the learned Additional District Judge on 15.9.2015 and marriage was dissolved on the ground of desertion.

(3.) Mr. Vikram Thakur, Advocate, has vehemently argued that his client has never deserted the respondent. It is the respondent who has ousted her from his house in the month of April, 1990.