RAMANI Vs. SARASWATHI
LAWS(SC)-1998-8-77
SUPREME COURT OF INDIA
Decided on August 25,1998

RAMANI Appellant
VERSUS
SARASWATHI Respondents


Cited Judgements :-

ARTI PANDEY VS. VISHNU KANT TIWARI [LAWS(ALL)-2012-9-155] [REFERRED TO]
VINAY KUMAR PATHAK VS. SMT. ANNAPURNA AWASTHI [LAWS(ALL)-2017-8-54] [REFERRED TO]


JUDGEMENT

- (1.)The appellant and the respondent were married on 19-8-1979 at chidambaram. Thereafter they lived together in Delhi for some time when on 17-4-1981 the respondent went to her parents' house where she delivered a child on 22-4-1981.
(2.)It is not in dispute that the parties never lived together thereafter. The appellant continued to live in Delhi till 15-4-1982. Thereafter he went and took up employment in Kuwait. According to the appellant, between May 1982 and 1984, he made five trips to India so as to persuade the respondent to join him but he was not successful.
(3.)On 18-10-1984, the appellant filed a petition for divorce on the ground of desertion by the respondent. The trial court made an effort to bring about a compromise but did not succeed. Thereupon a decree of divorce was passed on 20-4-1987 as the trial court came to the conclusion, on the basis of the evidence on record, that the respondent had wilfully deserted the appellant and was not wanting to go back to her matrimonial home. Against the said decree an appeal was filed by the respondent before the District Judge. Fresh attempts were made to bring about a compromise but they also failed. Thereafter, the District Judge by judgment dated 12-3-1990 dismissed the appeal and confirmed the decree of divorce which had been passed by the trial court.


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