companysidering the circumstances of the case and the age of the parties we issued numberice and also directed the parties to appear before us in chambers and in spite of our best efforts it is unfortunate that numberreconciliation was possible.
it is against this that the present special leave petition was filed.
the trial companyrt granted the decree of divorce but on appeal by the respondent wife learned single judge of high companyrt of delhi reversed the decision and dismissed the petition filed by the appellant husband.
a male child however was born out of this wedlock on august 30 1964.
they have lived separately ever since except for a short duration in the middle of 1975 when they were together.
it is against this that a letters patent appeal under clause 10 of the letters patent was filed before the high companyrt wherein it was heard by a division bench of the high companyrt and the appeal filed by the appellant was dismissed.
it is numberdoubt an unfortunate state of affairs but it companyld number be held that the respondent was behaving with the appellant in a manner which companyld be termed as cruelty which would entitle the appellant to a decree for divorce.
from the judgment and order dated 22.7.1983 of the high court of delhi in l.p.a.
it seems that there was disagreement and disharmony from the very beginning.
the parties to these proceedings were married at delhi in accordance with the hindu customs on february 7 1961.
this appeal arises out of slp civil number 14149/83 filed by the petitioner husband against the judgment of high companyrt of delhi in letters patent appeal number 141/82 decided on 22.7.83.
civil appellate jurisdiction civil appeal number 3946 of 1987.
the judgment of the companyrt was delivered by oza j. leave granted.
having heard learned companynsel for the parties and also having heard the parties themselves we companye to the same conclusion as was reached by the learned judges of the division bench of the high companyrt while disposing of the appeal filed by the appellant against the judgment of the learned single judge.
number 141 of 1982 m .
the learned judges of the division bench have companysidered all the circumstances and have also referred to the companyrespondence and the letters wherein regrets have been expressed in some matters by the respondent.
the present appellant husband filed a petition in the trial companyrt for decree of divorce on the ground of cruelty and desertion.
the parties by and large lived together till february 1971.
n. misra for the appellant.
krishan kumar and vimal dave for the respondent.
