- (1.) The appellant has challenged the judgment and decree dated 3-8-1985 of the learned District judge, Kapurthala, declining his petition for divorce.
(2.) The divorce was sought on the grounds of desertion and cruelty. The appellant was married to the respondent in the year 1979, She had withdrawn from his company since 1981 without his consent and reasonable cause.
(3.) The acts attributed by the appeallant to respondent-wife resulting in cruelty towards him were making of sarcastic remarks by her and her mother, "he is short statured and of black comlexion". She did not visit the appellant while he was confined in hospital in August, 1981, when he needed her company the most and rather she asked him for divorce. She imputed false allegations and made character assassination against the appellant. She wrote a letter/ complaint to the Chief of the Army staff, making averments which were false to her knowledge viz. that the appellant had illicit relations with a Mizo girl named Limmi had taken her out of Mizoram in a Government vehicle without the permission of the authorities and was living with her in adultery at Amritsar. It was falsely attributed to the appellant that he had taken away the ornaments and other household goods. In the complaint to the Chief of the Army Staff, investigation as well as action against the Appellant for his leading an adulterous life was sought. Further a request for return of the goods and deduction of maintenance from his salary and its remission to her, was made.;