PARMESHWARLAL Vs. SHYAMA DEVI AND ANR

JUDGEMENT

(1.) The appellant is aggrieved by the judgment dated 17.10.1998 passed by the District Judge, Bhilwara, whereby the learned Judge has dismissed his petition under Section 13 of the Hindu Marriage Act.

(2.) Briefly, the facts of the case are that the appellant, Parmeshwarlal, and respondent, Smt. Shyama Devi, were married in 1974 according to Hindu rites and customs. Out of their wedlock, in 1988, a child was born. After this delivery, according to the appellant, when he went to get the respondent back, the respondent refused to come. Even her parents refused to send her with the appellant. The respondent-wife told him that she would work and would never return to the matrimonial home.

(3.) Therefore, the appellant moved an application under Section 13 of the Hindu Marriage Act, on the ground of desertion and adultery. In order to buttress his case, the appellant examined four witnesses. In turn, the respondent examined three witnesses. After going through the oral and documentary evidence, vide judgment dated 17.10.1998, the learned Judge denied a decree of divorce.