RAKESH SHARMA Vs. SURBHI SHARMA

JUDGEMENT

(1.) Both these appeals have been filed by the husband and wife respectively challenging the judgment and decree dated 18-8-1998 passed by learned Judge, family Court, Ajmer in matrimonial case No. 277/97, Rakesh Sharma v. Surbhi Sharma. The learned Judge while allowing the application of the husband passed the decree of judicial separation instead of decree of divorce in favour of the husband and against the wife.

(2.) The applicant husband Rakesh Sharma has filed appeal No.281/2000 with a prayer that a decree of divorce instead of judicial separation should be passed in his favour while the wife Smt. Surbhi Sharma has challenged by filing appeal No.411/2000, all the findings along with the above judgment and decree. We shall refer the parties in this judgment as husband and wife.

(3.) The facts in brife are that the applicant Rakesh Sharma was married to Smt. Surbhi Sharma on 11-2-1989 at Ajmer according to Hindu Rites and Rituals. A son was born out of this wedlock on 23-7-1992. The husband filed an application for divorce on 24-9-1997 in the Family Court, Ajmer under S. 13(1), (ia) and (ib) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955'), on the grounds of cruelty and desertion. It is pleaded that wife is living separately at Ajmer since 27-11-1994 and thus she has deserted her husband Rakesh Sharma without any reasonable cause and without his consent. The husband tried many a times to bring her back and also served notices in this regard on 21-5-1994 and 23-6-1994 but all in vain. Thus, the wife deserted him for a continuous period of more than 2 years, preceding the presentation of this application.