K C SIKRORIA Vs. SARLA SIKRORIA

JUDGEMENT

(1.) APPARENTLY a coil of reversals is the fate of this litigative battle before this Court between the appellant and the respondent over a petition for divorce sought by the appellant-husband on the ground of desertion as provided for in S. 13 (1) (b) of Hindu Marriage Act, 1955, (for brevity, 'the Act' ). The first inning of the litigative match was fought and played before the District Judge, Kota, who, on an evaluation of the relative merits and demerits of the rivals, granted a decree of divorce dissolving the marriage solemnized between the parties, on the ground of desertion (supra), but this victory of the husband was short-lived because at the second inning of the legal bout, the Single Judge of this Court inverting the decree of divorce dismissed the husband's petition holding that the desertion by the wife is not proved. Hence the worsted appellant invokes the jurisdiction of the Division Bench of this Court by filing special appeal under Section 18 of the HIGH COURT OF RAJSTHAN Ordinance, 1949 seeking that we should review the decision impugned, re-judge the relevance and weight of the points, pro and con, and as a result of this, adjudicatory exercise on facts sparingly. .

(2.) THE voluminous accord which the spouses have collectively built up in the case contains a reflection of their rancour an acrimony, a thumb-nail sketch of which herein will help resolve the legal controversy canvassed in this appeal before us.

(3.) THE Single Judge ought not to have taken out passages from the appellant's long letters, torn from context and built up a case for the respondent not pleaded by her, whereas over-all look at the appellant's correspondence that over-looking pre-marital adventure of the respondent, he provided affections to the respondent, Shri R. M. Lodha added. Shri Lodha urged that the Single Judge missed philosophical part of the appellant's correspondence and misunderstood the appellant's moral exhortations to the respondent as sarcasm.