- (1.)This is an appeal filed under S. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') against the judgment and decree dt. 2nd May, 1981 passed by the District Judge, Tonk, allowing the application filed by the respondent u/s. 13 of the Act and, passing the decree in favour of the respondent wife, namely Bachi.
(2.)The marriage took place on Alkha Feej Svt. 2030. The dissolution of the marriage is claimed by the wife Smt. Bachi on various grounds including the ground of cruelty. The application was seriously contested by the husband-appellant. Issue No. 1 was framed in respect of desertion and, Issue No. 2 was in relation to cruelty.
(3.)The trial Court came to the conclusion on the appreciation of the evidence of both the parties that the desertion was not proved but the cruelty was proved.