RAVINDRA KUMAR, SON OF SHRI RAM SINGH Vs. SMT. NIRMALA, WIFE OF SHRI RAVINDRA KUMAR, DAUGHTER OF SHRI PREM CHAND

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 Appellant made twofold submissions. It was contended that no issue was framed with regard to desertion and therefore grant of divorce on that ground was unjustified as the Appellant has been seriously prejudiced in her defence. The second contention was that the grounds of cruelty urged by the Respondent have not been believed except for the prosecution instituted under Section 498A, 406, 323 I.P.C. The criminal complaint was filed only after the Respondent filed a suit for divorce before the court at Delhi.

(3.) 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.