RAM LAKHAN Vs. PREM KUMARI

JUDGEMENT

(1.) This appeal under Section 28, Hindu Marriage Act, 1955 (in short, referred to hereinafter as 'the Act') is directed against the judgment and decree dated 14-12-1998 passed by the learned Additional, District Judge No. 2, Bikaner whereby the petition filed by the appellant husband under Section 13 of the Act seeking a decree of divorce was dismissed.

(2.) Briefly stated, facts to the extent they are relevant and necessary for the decision of this appeal are that : Marriage of appellant Ram Lakhan was held 12-7-1970 with respondent Smt. Prem Kumari according to Hindu rites and rituals. Three issues were born to them out of the wedlock who are now all major. In the application filed under Section 13 of the Act by the appellant on 15-10-1996 i.e., after almost 26 years of his marriage with the respondent, he alleged that the respondent is a very greed lady; out of his own income, he built two houses one in the Jai Narayan Vyas Colony and another at Rajmata-Ki-Bari, out of which the house at Rajmata-ki-Bari is in the name of the respondent and she has put her lock there. In June 1994, he alleged, the respondent rallying with his son and daughters, turned him out from home after beating him because they were insisting upon him to transfer title of the house in the Jai Narayan Vyas Colony in the name of the respondent for whcih he was not willing. He alleged that the respondent has deserted him for more than two years. He alleged cruelty against himself at the hands of the respondent and stated in the application that the respondent had instituted proceedings for maintenance against him claiming no source of livelihood on the allegation that he had contracted second marriage with one Sumanlata. He, therefore, prayed in the application under Section 13 of the Act for a decree of divorce. The respondent in her reply to the application denied the allegations and stated that in 1992 the appellant has contracted second marriage with Sumanlata and with a view to defeating the legal consequences he is now seeking decree of divorce against her.

(3.) On the pleadings of the parties, the trial Court framed issues for determination on the points of alleged cruelty, desertion and whether the appellant is entitled to a decree of divorce.