VIMAL KANTA Vs. J M KOHLI

JUDGEMENT

(1.) The appellant at this old age of 80 years is before this court in appeal to challenge the judgment and decree of divorce passed by the learned trial court vide order dated 30.9.94 on the ground of desertion envisaged under Section 13 (1)(ib) of the Hindu Marriage Act, 1955, thereby dissolving the marriage between the parties.

(2.) A conspectus of facts of the present appeal is that the marriage between the parties was solemnized on 20.6.1953 as per Hindu rites and ceremonies and a female child was born out of this wedlock on 14.7.1954, who has been living throughout with her mother i.e. the appellant herein. The respondent husband had filed a divorce petition on the grounds of cruelty and desertion as long back as 12.10.1982. The appellant had contested the said petition with all the zeal at her command and both the parties entered the trial with accusations and cross accusations.

(3.) Feeling aggrieved with the same, the appellant preferred the present appeal on 13.2.95, which was taken up by this court on 23.2.1995. Since there was some delay on the part of the appellant in preferring the present appeal, and possibly taking advantage of the same, the respondent got remarried on 30.12.94 and a female child was also born out of the said remarriage on 31.7.2000. Before finally hearing this matter, a lot of persuasive efforts were made not only by this Court but also by the predecessor judges of this court to bring about an amicable settlement between them but all such efforts turned futile as both the parties remained totally reluctant and rigid to budge from the hostile positions taken by them. In most of the hearings, the appellant remained present with her elderly daughter of 56 years while the respondent, an old man of 83 years, remained present with his comparatively young wife of 47 years, contesting the present appeal with great fervour.