VIJAY SINHA Vs. VEENA SINHA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 27. 6. 2001, passed by Judge, Family Court, Ajmer, whereby an application under Section 10 read with Section 13 of the Hindu Marriage Act, 1955 (for short `the Act') filed by the appellant (hereinafter referred to as `the husband') for dissolution of marriage was rejected.

(2.) BRIEF facts for the disposal of this appeal are that on 27. 11. 1985, marriage between the parties was solemnized as per Hindu rites at Ajmer. No issue was begotten to them out of the said wedlock. It was alleged in the petition that after the marriage, for some time, the relations between the parties remained cordial but afterwards the conduct of respondents wife (here-in-after referred to as `the wife') became cruel. She started misbehaving with the parents of the husband and finally she left the house of the husband on 21. 10. 1995. The husband had to file a petition under Section 13 of the Act for dissolution of marriage, which was registered at No. 124/1997.

(3.) ON the basis of the pleadings of the parties, the following issues were framed:- 1. Whether the wife-respondent had made allegation on moral character of the appellant-husband in her written statement in the earlier petition No. 124/97 filed by the husband-appellant and thereby committed mental cruelty to the husband? 2. Whether the wife had deserted the husband without any reasonable cause for a period of more than two years? 3. Whether on the basis of preliminary objections taken in the written statement, the present petition is barred by principle of res judicata? 4. Relief.