SUMAN DEVI Vs. AJAY KUMAR

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dtd. 15/7/2021 dismissing the petition filed under Sec. 13 of the Hindu Marriage Act, 1955 (for brevity 'the Act').

(2.) The brief facts are that the marriage of the parties was solemnized as per Hindu rites on 29/6/2007. The relationship faced troubled waters and resultantly, the wife left the matrimonial house in the year 2015. In spite, of the efforts having been made by the relatives, the in-laws lastly on 5/9/2019 refused to permit the appellant-wife to join the company of the husband. Thereafter, the petition under Sec. 13 of the Act seeking divorce on the ground of cruelty and desertion was filed.

(3.) The respondent-husband filed reply to the petition and admitted the fact that there was desertion since 1/6/2015 and there was no reasonable cause for living separately. It was pleaded that with the intervention of the elders of the society, the parties compromised the matter and decided to part ways. After framing issues, the respondent was proceeded ex-parte. The appellant failed to prove cruelty. The Family Court noted that the factum of desertion was admitted by the respondent-husband. Yet, the petition was dismissed holding that in such circumstances, a petition under Sec. 13B of the Act ought to have been filed.