S.S.SODHI, J. - (1.) NO exception can indeed be taken to the decree for divorce granted to the husband Bishna Ram under Section 13 of the Hindu Marriage Act, 1955, on the ground of cruelty and desertion.
(2.) BISHNA Ram and Kala Wati were married about 25 years ago. They have no child and have been living apart since the last several years. According to R.W. 3 Hari Singh, the brother of Kala Wati, Bishna Ram and Kala Wati lived together for only 5/6 years after their marriage but for the last 15/20 years, they have been living apart.
(3.) EARLIER too, Bishna Ram had filed a petition for divorce in March, 1979 in the court of the Additional District Judge, Sirsa. In those proceeding, Kala Wati had made a statement on March 1, 1980 that she was prepared to live with her husband. The petition was then withdrawn and the parties lived together till April, 1981. Since then, they have again been living apart. It stands established by the evidence as has come on record that not only is it that the parties have not been living together for such a long time, but also that proceedings were initiated against Bishna Ram under Section 107/151 of the Code of Criminal Procedure at the instance of Kala Wati. Bishna Ram was eventually discharged. Further Kala Wati is now admittedly living in the house of Bishna Ram. The evidence led amply establishes that Bishna Ram was turned out of the house Kala Wati and he was accordingly constrained to go and live with his brother :;