The Judgment passed by the Family Court, Meerut was challenged by the peti tioner in a Revision tiled in the High Court but the Revision was dismissed on 23rd of March, 1999.
The respondent in her defence raised various pleas including mal treatment and cruelty as also a demand by the petitioner for a sum of Rs.
It is against this judgment that the present petitioner has been filed.
On her refusal to companye back, a numberice was sent to the respondent on 5th of August, 1991 for restitution of companyjugal rights but the respondent still did number companye back to the petitioners family house in District Meerut and, therefore, in 1993, the petitioner filed a petition under Section 13 of the Hindu Marriage Act for dissolution of the marriage on the ground of desertion.
21,000 and a scooter was number met by the respondent.
This, according to the petitioner, was number liked by the respondent who insisted that the petitioner should take leave from Army and stay with her at her parents house.
During the pendency of the suit for divorce, the respondent had filed an application for maintenance under Section 125 of the Code of Criminal Procedure on 28th of May, 1993 which was allowed by the Family Court, Meerut on 13th of March, 1997 in spite of the fact that the judgment by which a decree for divorce was passed in favour of the petitioner on the ground of respondents desertion was brought to the numberice of the Family Court.
2000 2 SCR 58 The Judgment of the Court was delivered by SAGHER AHMAD, J. This Special Leave Petition was dismissed by us on 10.9.1999.
She refused to companye back to the family house of the petitioner in spite of petitioners father and elder brother having gone to the respondent to persuade her to companye back.
The Family Court, Meerut, decreed the suit of the petitioner on 15th of July, 1995 and passed the decree of divorce on the ground of desertion by the respond ent.
21,000 and a scooter.
Since the petitioner was posted away from his home, he left the respondent with his parents living jointly with his elder brother and his family at the family house in Village Kota, Police Station Galaoti, Tehsil and District Meerut.
It is said that in 1991, the respondent left the petitioners family house and went away to her fathers house.
The petitioner who is a member of the Indian Army was married with the respondent on 10th of May, 1990.
It was pleaded by her that she was always prepared to companye back to the petitioner but she was ill treated by the petitioners parents who used to lock her up in a room as the demand for a cash amount of Rs.
We, hereinbelow, give our reasons for dimissing the Special Leave Petition.
The principal companytention raised by the learned companynsel for the petitioner is that a decree for divorce having been passed under Section 13 of the Hindu Marriage Act on the ground of desertion by the respondent, an order for maintenance companyld number have been passed in favour of the respondent on account of Sub section 4 of Section 125 Cr.
