SUMAN NAHAR Vs. SHRI ABHAY KUMAR NAHAR

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Court Act has been filed against the judgment of the Judge, Family Court, Jaipur dated 6. 9. 1991.

(2.) SHRI Kaushik, learned counsel for the appellant has raised only one objection that the petition for divorce, which was filed on 29. 08. 1988 under Section 13 (1) (b) of the Hindu Marriage Act, 1955 is not maintainable before the expiry of two years from the date of desertion.

(3.) LEARNED counsel for the appellant has referred to the various statements and submitted that the burden to prove desertion from a particular date was on the respondent and that he himself has accompanied the appellant from Jaipur to Kekari for leaving her to her parental house for delivery purposes on 10. 06. 1986. It has further been pointed out that the respondent has further admitted to have visited Kekari thereafter for the purpose of showing the appellant to the doctor and thus at that stage there was no desertion by the appellant. The appellant had to file an application under Section 125, Cr. P. C. as even after sending information for birth of male child, the respondent has failed to visit or take care of the appellant.