- (1.) THIS appeal has been preferred by the appellant -Shri Raj Kumar who is the husband of the respondent Smt. Madhu who had filed an application before the Family Court at Jaipur for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955 on the ground of desertion.
(2.) THE case of the appellant -husband was that he was married with the respondent -wife Smt. Madhu on 2.12.1988 according to the Hindi religious' rites and although they lived together for almost two years and they were blessed with a daughter on 23.2.1990, a difference arose between the couple thereafter and respondent -wife left her matrimonial home in August, 1991 after which she never returned. It was also the case of the appellant -husband that even for the delivery of their daughter, the respondent -wife went to her parents' place and when a daughter was born, it was not even informed to him about the birth of their daughter. The appellant -husband also complained that the respondent -wife never allowed him to lead a normal conjugal life as she never cooperated with him due to which he suffered great mental agony. The respondent -wife -Smt. Madhu, however, refuted the case of the appellant -husband and stated that although she is married to the appellant -husband, his behaviour and the behaviour of his parents towards her was not normal as they had indulged in beating her and also often threatened her to leave his house, as a result of which she was compelled to leave the matrimonial house and had to live with her parents. She has asserted that she had sent the information to her husband and his family regarding the birth of their daughter, but no one came to take her back so that she could live with her husband normally. She also stated that she wants to lead a normal family life along with her husband and the daughter, provided he behaves properly with her and do not indulge in insulting her.
(3.) ON the basis of the pleadings of the parties, the Family Court adjudicated the matter and arrived at a finding that the appellant -husband had failed to make out a case for grant of a decree of divorce as he could not establish his case of desertion at the instance of his wife.;