GOPALI Vs. LAXMI NARAIN

JUDGEMENT

(1.) THE appellant wife seeks to quash the order dated October 12, 1998 of Family Court No. 1, Jaipur whereby the decree of divorce was granted in favour of the respondent husband on the ground of cruelty and desertion.

(2.) CONTEXTUAL facts depict that the respondent husband in the petition under Section 13 of the Hindu Marriage Act averred that he entered into the marriage with Gopali (appellant) on May 12, 1981 and from their wedlock a male child was born on February 10, 1982. The wife thereafter treated him cruelly and left his house in May, 1982 leaving behind the child. The application seeking restoration of conjugal rights was filed by the wife which stood disposed of in July, 1984 on the basis of compromise and she started residing with him. Since she treated him cruelly and deserted him, he was entitled to the decree of divorce.

(3.) FOR these reasons, the appeal stands allowed and the impugned judgment and decree dated October 12, 1998 are set aside. There shall be no order as costs. .