SHANTI DEVI Vs. ANIL KUMAR AGARWAL

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and learned Counsel for the Respondent.

(2.) The instant First appeal has been filed by Shanti Devi, Appellant, who was defendant in the suit below, when the decree of divorce granted by Smt. Vidyut Prabha Singh, 2nd Additional District Judge, Hazaribag in M.T.S. Case No. 21 of 1992, whereby learned Additional Judge by its order dated 7.9.998 dissolve the marriage of the appellant, Shanti Devi with the respondent-plaintiff, Anil Kumar Agarwal.

(3.) It is submitted by learned Counsel for the appellant, wife that the respondent-plaintiff, Anil Kumar Agarwal failed to prove any act of cruelty committed by the appellant-defendant and those stated in the plaint and proved by the evidences are not act of cruelty and as such the grant of decree and divorce on the ground of cruelty is bad in law and fit to be set aside. He has further submitted that the decree has been passed also on the ground of desertion of matrimonial house by the appellant for more than two years, but the said ground was not available to the plaint when the suit was filed and as per the Section 13(i)(b) of the Hindu Marriage Act, 1955, the desertion should be of more than two years on the date when the application is filed. As such the judgment and decree passed on 7.9.1998 is bad in law and fit to be set aside.