USHA VERMA Vs. ASHOK KUMAR VERMA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.05.1995 passed by Sri N. C. Lala, District & Sessions Judge, Muzaffarpur in Matrimonial Case No.6 of 1993 decreeing the petitioner-respondent (husband) suit and dissolving the marriage of the appellant with the respondent.

(2.) The petitioner-respondent who was the husband filed the aforesaid Matrimonial Case No. 6 of 1993 against the appellant with a prayer to dissolve their marriage as provided under Section 10 (2) read with Section 13 (1-A) (i) of the Hindu Marriage Act, 1955.

(3.) The petitioner case is that he married the respondent according to Hindu custom on 06.03.1980 and out of the wedlock, one son and one daughter were born. Thereafter, their relation became strained. The further case is that the respondent left the Matrimonial home deserting the petitioner. In spite of repeated efforts, the petitioner could not persuade her to come and then he filed Matrimonial Case No.24 of 1989 seeking a decree for restitution of conjugal rights and in the alternative for a decree for judicial separation for divorce. In that Matrimonial case, he also prayed for custody of the male son.