LALIT JOSHI Vs. GIRJA

JUDGEMENT

(1.) The appellant is aggrieved by a judgment and order of the Family Court, Udaipur rejecting the appellant's application under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 (hereafter "the Act"). The court held that the appellant (hereafter "the husband") was not entitled to divorce as he failed to prove that the respondent (hereafter "the wife") treated him with cruelty or that she had deserted him.

(2.) The undisputed facts are that the appellant and the respondent were married on 09.02.1989 at Badgaon according to Hindu customs and rites. A girl was born on 11.01.1993 out of wedlock; she was named Ms. Mitu (who is presently about 26 years of age). The marriage of the appellant and the respondent/wife was not successful and hence, the appellant filed for divorce on two counts, i.e. cruelty and that the wife had deserted him.

(3.) The husband alleged that since the beginning of the marriage, the respondent/wife used to pressurize him to separate from his joint family. The appellant alleged that time and again, the respondent/wife used to quarrel with him and his family members as he did not yield to her demand of leaving his parents' house. He alleged furthermore, that most of the time, the respondent/wife used to live with her parents and that she and her family members did not even inform him and his family about the birth of his daughter, Mitu. The appellant and his family, on hearing the news, went to see the new-born and convinced the respondent/wife to return to her matrimonial home. The respondent/wife then lived with the appellant and his family from 11.04.1993 till 07.07.1993. It is alleged that even during this time, the wife used to pressurize the appellant to move out of his parents' house and live separately. However, he again opposed this as he felt that better care could be given to their daughter if they lived with the whole family. The appellant alleges that the respondent/wife left for her parents' house on 07.07.1993 without any reasonable cause and she continued to live there till May 1995.