RAJ KUMAR Vs. MADHU

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant -Shri Raj Kumar who is the husband of the respondent Smt. Madhu who had filed an application before the Family Court at Jaipur for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955 on the ground of desertion.

(2.) THE case of the appellant -husband was that he was married with the respondent -wife Smt. Madhu on 2.12.1988 according to the Hindi religious' rites and although they lived together for almost two years and they were blessed with a daughter on 23.2.1990, a difference arose between the couple thereafter and respondent -wife left her matrimonial home in August, 1991 after which she never returned. It was also the case of the appellant -husband that even for the delivery of their daughter, the respondent -wife went to her parents' place and when a daughter was born, it was not even informed to him about the birth of their daughter. The appellant -husband also complained that the respondent -wife never allowed him to lead a normal conjugal life as she never cooperated with him due to which he suffered great mental agony.

(3.) ON the basis of the pleadings of the parties, the Family Court adjudicated the matter and arrived at a finding that the appellant -husband had failed to make out a case for grant of a decree of divorce as he could not establish his case of desertion at the instance of his wife.