PARVATI Vs. SHIV RAM

JUDGEMENT

(1.) Smt. Parvati, who has filed this appeal under S.28 of the Hindu Marriage Act (hereinafter, "the Act") against the decree for divorce dated May 7, 1985, passed by the District Judge, Mandi, in Hindu Marriage Petition No. 75 of 1983, for divorce, was married to Shiv Ram, the first respondent, some time in the year 1955. Shiv Ram was then about 7 years in age. In due course, two children, namely, a daughter and a son, were born out of the wedlock. Shiv Ram filed the petition for divorce in Oct. 1983. In Paragraph 4 of this petition he alleged that for the past 15 years Smt. Parvati had started living adulterous life and had deserted him for nearly 3 years and started living in the house of Param Dev, the second respondent. She was, thus, committing adultery openly. She had not performed her marital obligations as legally wedded wife with Shiv Ram for the past 15 years resulting in cruetly and desertion. When she was asked by Shiv Ram to live in his house, she did not do so. The case of Shiv Ram is that he was constrained to file the petition for a decree for divorce as he had not condoned the cruelty in any manner.

(2.) Parvati filed a written statement. While admitting the allegations in regard to her marriage with the petitioner, and two children being born out of their wedlock, she denied the allegations of adultery, cruelty and desertion made by Shiv Ram in paragraph 4. She gave out that Shiv Ram was working as a Line-man in the Electricity department, Shimla, and was living there. He contracted a second marriage and a daughter was born to him out that marriage. In fact, Shiv Ram had deserted her and was treating her with cruelty and has refused to maintain her without any reasonable cause.

(3.) Param Dev, who is the second respondent, also filed a written statement. He denied that Parvati was residing with him or that she had any adulterous relations with him, as alleged.