LALIT MOHAN Vs. TRIPTA DEVI

JUDGEMENT

(1.) Leading cruelty and desertion the respondent-wife sought the dissolution of marriage by a decree of divorce under S.13 of the Jammu and Kashmir Hindu Marriage Act (herein-after referred to as 'the Act') in the trial Court of Sub Judge, Reasi. It was contended by the respondent-wife that the marriage between the parties was solemnized on Oct. 13, 1976 according to the Hindu rites and customs. Firstly after one year the husband met with the serious accident and lost his mental equilibrium for some time. The relationship between the parties became strained and deteriorated day by day. During the period of more than four years the respondent alleged to have beaten her and subjected herself to cruelty by her husband. The treatment of the husband with the wife for the aforesaid period is alleged to be cruel and barbarous. It is alleged that the husband defamed the wife by making groundless and false charges against her character. She was deserted willfully and without any reasonable cause since Oct. 1979. The wife was forced to leave the company of her husband and was putting up in her parental house at Reasi against her will in constrained and forced circumstances created by her husband. The respondent is alleged to have been persuaded by the father of the wife to come and live with her at Reasi but despite all efforts he did not show any change in his attitude towards wife. As the parties were living separately the wife sought the dissolution on the ground of desertion.

(2.) In the objections filed on behalf of the husband the marriage between the parties and the occurrence of accident is not disputed. It is submitted that as a result of the accident the husband suffered a serious brain injury and remained in coma for some time. The wife instead of behaving like a pious Hindu wife and to help the husband at the time of his accident and injury, deserted the husband and did not even think it proper to attend to her husband. The wife was responsible for the deterioration of the relationship and it is submitted that in fact the wife has deserted the husband. The petition has been filed mala fide with the objection of getting divorce on concocted grounds. It was further submitted that the petition was not bona fide as the Wife was taking the advantage of her own wrong.

(3.) On the pleadings of the parties the trial Court framed the following issues:-