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Veena Vs. Makhan Lal - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtDelhi High Court
Decided On
Case NumberFirst Appeal No. 272 of 1982
Judge
Reported inAIR1984Delhi187; 1983(6)DRJ26; 1984RLR43
ActsHindu Marriage Act, 1955 - Sections 23A
AppellantVeena
RespondentMakhan Lal
Advocates: P.D. Gupta, Adv
Cases Referred and M. Akkamma v. M. Jagannadham Air
Excerpt:
hindu marriage act, 1955 - section 23-a. wife petitioned for divorce on allegations of cruelty namely she was beaten because money was demanded of her which she could not provide and the husband committed theft in her parents house. the trial judge dismissed the petition for want of report to her to police.; there was no reason to disbelieve the petitioner if she did not care to lodge a report with the police. further husband had deserted her for more than 2 years. the marriage has broken down irretrievably broken down. marriage was dissolved. - - (8) i, thereforee, accept the contention of the wife and consequently accept this appeal as well, set aside the impugned order and hereby dissolve the marriage of the parties......of conjugal rights under section 3 of the hindu marriage act, 1955 on the ground of desertion. the wife filed a counter claim for divorce under section 23-a of the act.(3) the husband's petition was dismissed on 6-8-1982.(4) the claim of the wife was also disallowed and her prayer for divorce was dismissed on 28-8-1982. she has appealed.(5) the wife's allegations of cruelty are as follows :- (1)she was mal-treated and beaten because money was demanded of her which she could not provide ; (2)she had taken a job in kataria nursing home but the husband saw to it that her services were terminated ; (3)the husband committed theft of jewellery worth rs. 15000.00 from her parents' house(6) the learned additional district judge found that the allegations regarding theft of jewellery and beating.....
Judgment:

M.L. Jain, J.

(1) No one is present on behalf of the respondent-though the case for long has been on board and was listed at No. I today. I have heard the .learned counsel for the appellant and perused the record.

(2) The parties were married on 24-6-1977. The respondent husband filed a petition for restitution of conjugal rights under Section 3 of the Hindu Marriage Act, 1955 on the ground of desertion. The wife filed a counter claim for divorce under Section 23-A of the Act.

(3) The husband's petition was dismissed on 6-8-1982.

(4) The claim of the wife was also disallowed and her prayer for divorce was dismissed on 28-8-1982. She has appealed.

(5) The wife's allegations of cruelty are as follows :-

(1)She was mal-treated and beaten because money was demanded of her which she could not provide ;

(2)She had taken a job in Kataria Nursing Home but the husband saw to it that her services were terminated ;

(3)The husband committed theft of jewellery worth Rs. 15000.00 from her parents' house

(6) The learned Additional District Judge found that the allegations regarding theft of jewellery and beating could not be believed for want of report by her to the police in this connection.

(7) I have gone through her statement. It does not seem proper to disbelieve her simply because she did not care to lodge a report with the police. I do not see any reason to discard her testimony. There is also evidence to show that the husband has deserted her without any reasonable excuse for more than two years. Even otherwise, the case of the parties is that they have been living separately for more than two years without any chance of reconciliation. The marriage has irretrievably broken down : see Parihar (Priti) v. Parihar (Kailash Singh) , and M. Akkamma v. M. Jagannadham Air 1981 A.P. 26). Nothing seems to work out so as to save their marriage.

(8) I, thereforee, accept the contention of the wife and consequently accept this appeal as well, set aside the impugned order and hereby dissolve the marriage of the parties. Costs of this appeal shall be borne by the husband.


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