REKHA DEVI Vs. BINOD KUMAR SHARMA

JUDGEMENT

(1.) We have heard counsel for the appellant and the respondent. The present appeal arises from order dated 2.12.2010 passed by the Principal Judge, Rohtas at Sasaram in Matrimonial Case No. 28 of 2007, allowing the same granting divorce to the respondent under Section 13 of the Hindu Marriage Act.

(2.) Learned counsel for the appellant submitted that the divorce application was filed on two counts, cruelty and desertion. The Principal Judge was of the conclusion that cruelty has not been proved. The appreciation of the 'desertion' without reasonable cause under the Hindu Marriage Act has been grossly misconstrued. There is complete lack of consideration of the evidence led by the Appellant in this regard, making the finding perverse. The decision making process is completely vitiated by failure to take into consideration relevant materials. The finding that there had been irretrievable breakdown of the marriage is not a valid ground for divorce under the Hindu Marriage Act, more particularly in the facts of the present case when no finding of irretrievable breakdown has been arrived at.

(3.) Learned Senior Counsel for the respondent submitted that the judgment under appeal displays application of judicial mind, lack of possibility for revival of matrimonial harmony alongwith the fact that the appellant left the matrimonial home without any reason. Mental cruelty alleged has not been properly appreciated.