NIRMALA Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) The present appeal arises from judgment and decree for divorce dated 5.10.2015 passed by the Family Judge, Bikaner in Civil Misc. Application No.347/2012 filed by the Respondent under Section 13 of the Hindu Marriage Act, 1955. Divorce has been granted on the twin grounds of desertion and cruelty.

(2.) Learned counsel for the Respondent submitted that the parties were not at issue on the question that they were not living together since whether it be the year 1994 or 1999. Even if desertion had not been framed as a specific issue, the Appellant has not been prejudiced in any manner as she has offered no explanation for having left the matrimonial home without just and reasonable cause. On the contrary the institution of a criminal case against the Respondent and his mother and then failing to establish the charge itself constitutes cruelty as held by the learned Family Judge, a finding which requires no interference.

(3.) The Appellant and the Respondent were married on 26.11.1992. The Respondent claims that the Appellant deserted the matrimonial home in 1994 while the Appellant contends that she was forced to leave the matrimonial home in 1999. The learned Family Judge with reference to the application of the Appellant under section 125 Cr.P.C. has found her claim for having left the matrimonial home in 1999 as unjustified and we see no reason to interfere with the same. In either event, the time period mandatory under Section 13(1)(ib) stands fulfilled before presentation of the application for divorce.