Police Station and later compromised.
Further on the basis of cruelty and desertion decree for dissolution
of marriage was sought.
3. Defendant Smt. Kumkum Sharma ... petitioner has treated the petitioner with
cruelty ?
(ii) Whether non-petitioner has deserted the petitioner
since 20.07.2011 without reason ?
(ii-a) Whether non-petitioner
residing with plaintiff since 30.03.2011 thus has
neglected and deserted the plaintiff.
Defendant Smt. Pinki Rathore, while accepting factum
of marriage has denied allegations ... cruelty and desertion and
has counter pleaded that after going to parental house she agreed
to join matrimonial consortium, perceiving that plaintiff and his
family
from her husband, which
can never be treated to be a "desertion", even in the testimony,
(8 of 10) [CMA-5082/2017 ... consortium of her
husband.
Apex Court brought forth essential ingredients of
"desertion" as ground of matrimonial relief in the case of
Bipinchandra Jaisinghbai
first was Section 13 (1)(ia) for cruelty. The second
was desertion for a period of more than two years immediately
preceding the presentation ... issues settled were
concerning cruelty and mental disorder. No issue of desertion was
settled. As per the impugned judgment holding that the husband
has neither
decree of divorce has been declined on cruelty but allowed on
desertion without there being any finding of the intention on the
part ... appellant to desert the respondent. Only the factum of
desertion has been highlighted.
2. The problem with the impugned judgment is that two
separate issues
decree of divorce to the
respondent on two counts. Proof of cruelty. Desertion for over two
years preceding filing of the petition without any justifiable ... training. The appellant has not been able to render any
explanation for deserting the matrimonial house. The factum of
desertion is admitted. The reasonable cause
2018
1. The appellant presented a petition seeking divorce on ground
of desertion for a period of two years preceding the date of
presentation ... were settled. The
first was whether the respondent had without reasonable cause
deserted the appellant for a period of two years preceding the
date
Hindu Marriage Act seeking decree
of divorce on ground of cruelty and desertion for two years
preceding the date when the petition was filed ... dated 27.09.2017. Divorce has been granted
on ground of cruelty. Date of desertion not been established,
petition has been dismissed as regards desertion
case was made out to grant divorce on ground of cruelty and
desertion.
8. From the pleadings of the petition filed by the
respondent cruelty ... respondent cruelty
has not been established.
17. On the ground of desertion the learned Judge has held
that evidence establishes that the respondent left
2017]
3. It is apparent that divorce was sought on ground of
desertion.
4. In the written statements filed the respondent admitted
the factum ... parties two issues were settled.
The first was whether the respondent had deserted the appellant
without a justifiable cause. The second was whether the appellant
