SMT. DURGA DEVI Vs. SHRI NARSINGH DASS

JUDGEMENT

(1.) This appeal is directed against the judgment of Family Court, Jodhpur passed in civil original case No. 71-A/88 allowing the application under Section 13 of the Hindu Marriage Act filed by respondent-husband for dissolution of marriage.

(2.) The brief facts of the case are that the marriage between the parties took place according to Hindu rites on 31.1.1981 and they lived together until end of 1974.

(3.) The application for dissolution of marriage was filed by respondent Narsingh Das on 27.5.1987 inter alia on the ground that wife has left the matrimonial home since October, 1974. She was away at her father's house for the delivery of child as per custom and she gave birth to a male child in January, 1975. Notwithstanding the applicant went to bring her, she did not come back to her matrimonial home. After 2-3 months, applicant again went to bring her but she declined to come. In this manner, it was stated that at the time of filing application, husband and wife were living separately for last about 12 years.