SHRI N D MANTRI Vs. KAMLA MANTRI

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act (No. XXV of 1955) (hereinafter referred to as 'the Act') is directed against the decree dated February 12, 1979 passed by the learned Additional District Judge No. 2, Jodhpur in Civil Misc. Case No. 5 -A/76, by which, he dismissed the petition for divorce filed by the appellant under Section 13 read with Section 10 of the Act.

(2.) THE husband -appellant filed a petition for divorce under Section 13 read with Section 10 of the Act before the District Judge, Jodhpur on July 11, 1974. The wife -respondent filed her reply on October 9, 1977. Thereafter, the petition was amended by the husband and the amended petition was filed on May 15, 1978. The reply to the amended petition was filed on July 5, 1978. The petition was, however, transferred to the Court of Additional District Judge No. 2, Jodhpur for disposal.

(3.) THE appellant was married to the respondent in May, 1944 at Ramsar Village, District Ajmer according to the Hindu customs. According to the respondent, the marriage was solemnsed in the Year 1942 or 1944. After solemnisation of the marriage, the appellant lived with the respondent periodically and also cohabited with her occasionally, at Srinagar, District Ajmer from 1944 to 1950, 1951, 1953, 1955, 1957 to 1962, 1963 to 1967. As a result of that, they have nine issues (seven sons and two daughters). The appellant has stated that at intervals, the respondent in 1946, 1948, 1952, 1956 and 1968 made several accusations and as a result of that he had to lead life alone. He has further stated that the respondent treated him with cruelty, by abusing, using filthy language and hurling all sort of defamatory accusations and thus made his life miserable both in private and public. Such instances, according to the appellant, took place at Ajmer in 1946, 1948, 1952 and at Jodhpur in the Year 1963, 1964, 1965 and 1967. It was also stated that the wife (respondent) has deserted him without any reasonable cause. In para 4 'of the petition, it was averred that since May, 1969, the respondent though living in the house of the appellant treated him with cruelty more than often in his house at Ajmer and at the places of his relatives S.K. Rabbi, at his parent's residence at, Srinagar and else where dengrating his public and private image, making the life of the appellant a curse on the earth. Para 5 of the petition runs as under: