- (1.)present appeal under Section 28 of the Hindu Marriage Act has been preferred by the petitioner-husband (hereafter referred to as the "husband") against the order and decree of the trial Court dated 31.1.87 dismissing the petition for divorce preferred against the wife (hereafter referred to variously as "the wife" and "the respondent") on the grounds of cruelty and desertion.
(2.)The facts necessary to decide this particular appeal are that the marriage of the parties was solemnized on 24.6.1977 and a daughter, Kirti was born out of the wedlock on 31.7.1978. The petitioner in his appeal has alleged that the behaviour of the respondent was cruel towards him and his family. He was operated upon for piles on 9.9.1978 at Jeevan Nursing Home. The respondent though aware of this, yet did not go to enquire about his health and look after him. The husband alleges that he once again suffered from piles and a telegram was sent to the respondent but still she failed to visit him.
(3.)The petitioner alleged that the respondent insisted that they live with her mother in Geeta Colony. As he did not agree to the proposal, she failed to resume co-habitation. It is also alleged that the respondent did not display any intention of resuming relations with the husband, and continued to live separately. Although attempts to resolve the differences were made, the respondent persisted in living separately from the appellant. The respondent denied the allegations levelled against her. She alleged that the petitioner and his parents never cared for her and their child; they were cruel towards her since the beginning. She alleges that she suffered an abortion and her husband did not care for her. The respondent further stated that their daughter suffered an attack of Polio and was hospitalized in Kalawati Hospital from 10.8.79 to 13.8.79.