NAGESHWAR PURI Vs. PREM LATA

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment and decree dtd. 26/10/2016 passed by the trial court, whereby, divorce petition filed by the appellant was dismissed.

(2.) Case of the appellant as per the divorce petition, in brief, was that he had performed marriage with the respondent on 19/4/1969. It was the case of the appellant that the parties were residing separately for the last 40/45 years. Divorce petition was filed in the year 2015. It is further case of the appellant that the respondent had lodged criminal cases against him. Parties had amicably settled their dispute on 26/5/2011 and respondent had received Rs.50,000.00 from the appellant by way of two cheques. Respondent had deserted the appellant.

(3.) In reply to the petition, respondent had admitted the factum of marriage between the parties and submitted that she had performed marriage with the appellant on 19/4/1970. She had lived with the appellant till January, 2011. It was further averred that the appellant had been giving maintenance to her and her children. She further stated that she had lodged complaint against the appellant under Ss. 498-A and 406 of Indian Penal Code, 1860. In the said proceedings, a compromise was effected between the parties as appellant had prayed that he would lose his government job and had agreed to pay Rs.2,00,000.00 to the respondent and to give her a house measuring 11 x 35 square feet. However, respondent did not receive the amount vis-a-vis cheques issued by the appellant in her favour. Thereafter, criminal proceedings under Sec. 498-A and 406 of IPC were lodged against the appellant.