JAGDISH LAL Vs. PUSHPA BAI

JUDGEMENT

(1.) The instant civil miscellaneous appeal has been filed by the appellant under Sec. 19 of the Family Court Act and under Sec. 28 of the Hindu Marriage Act, 1955 against the judgment and decree dt. 07.02.2008 passed by the learned Judge, Family Court, Udaipur in Civil Original Case No. 298/2004 whereby the application filed by the appellant under Sec. 13 of the Hindu Marriage Act has been dismissed.

(2.) As per the brief facts of the case, an application was filed by the appellant husband on 02.12.2004 under Sec. 13 of the Hindu Marriage Act, 1955 before the Family Court, Udaipur against the respondent wife for grant of divorce on the ground of cruelty and desertion. In the application, it was stated that the marriage of the appellant and the respondent took place 33 years back as per the Hindu rites. The respondent wife came to live with the appellant first time in the year 1986 and lived with the appellant for some time and thereafter she left th house of the appellant and did not come back. It is also stated in the application that so many times the appellant went to the house of the respondent to took her back, but she did not come back from her village. Thereafter an application for maintenance was also filed by the respondent in the Court of Musif and Judicial Magistrate (first class), in which Rs.200.00 per month maintenance was granted by the Court and later on it was enhanced to Rs.400.00 per month. On 14.03.1995 a one time settlement was arrived at between the parties with regard to maintenance and the applicant paid Rs.20000.00 to the respondent as lumpsum compensation with the condition that in future she will not make any application for enhancement of the maintenance. But later on an application for enhancement of the maintenance was filed, but the same was dismissed.

(3.) As per the appellant, the respondent is living separately since the year 1987 without any reason and has deserted him, therefore, on the ground of desertion, he is entitled for divorce decree.