MAHESH KUMAR Vs. ANJU

JUDGEMENT

(1.) THIS appeal is against the judgment and decree passed by the Court of Addl. District Judge No. 1, Bikaner in Divorce Petition No. 44/99, dated 30. 3. 1999 by which the trial Court dismissed the appellant-applicant's divorce petition filed on the ground of desertion by the wife.

(2.) BRIEF facts of the case are that the marriage of the appellant and respondent was solemnized on 29. 11. 1993. The appellant's case is that the respondent lived in the house of the appellant till December, 1995 and since thereafter she is residing with her parents at Jaipur. The husband is resident of Bikaner. Before filing present divorce petition on the ground of desertion, the appellant submitted a petition under Section 9 of the Hindu Marriage Act, 1955 on 11. 3. 1997. In the said case, the non-applicant gave her statement on 16. 4. 1998. In the said statement, non-applicant respondent wife admitted that since 19. 11. 1995 she is residing with her parents at Jaipur and she is not willing to live with the husband on any condition. In the same line, the father of the respondent-wife also gave statement in the Court. According to the appellant-applicant husband, in view of the said statements, the appellant withdrawn his petition filed under Section 9 of the Hindu Marriage Act on 24. 4. 1998 and it appears from the record that on the same day, i. e. 24. 4. 1998 itself, the applicant submitted this divorce petition.

(3.) THE trial Court while dismissing the divorce petition took note of the fact that earlier the applicant appellant submitted petition under Section 9 of the Hindu Marriage Act and that was withdrawn by him. THE applicant's father wrote letter dated 24. 12. 1994 Ex. 1, which clearly shows that by the said letter the dowry was demanded by the father of the applicant. It appears that the letter dated 24. 12. 1994 was treated to be a good proof for proving the cruelty by the husband against the wife respondent. In view of the above reasons, the trial Court dismissed the divorce petition filed by the husband appellant.