JUDGMENT

KASLIWAL, J.:- Special leave granted.

2. This case reveals how a pernicious custom known as GURAWAT (Salta-Palta) resulted in matrimonial casualty in respect of two families of Agarwal Community. There is a custom prevailing in Agarwal Community of Chhatisgarh region in the State of Madhya Pradesh known as GURAWAT. According to this custom brothers and sisters of one family are married to brothers and sisters of another family. The parties in the present case belong to educated families of Agarwal Community of Durg in Chhatisgarh region of Madhya Pradesh. Sanat Kumar Agarwal appellant was married to Smt. Nandini, respondent and Shivnarain elder brother of Nandini was married to Shakuntala, sister of Sanat Kumar on 11-6-1978 at Durg. At the time of marriage Sanat Kumar was employed at Balchand Nagar (Pune). Both the brides went to the respective houses of their in-laws after their marriage. In Chhatisgarh area, the women celebrate the festival of Teez at their parents houses and, therefore, Shivnarain took his sister to their parents house and similarly Shakuntala came back to her parents house. It appears that there was a dissension between Shivnarain and Shakuntala and on that account she remained at her parents house and as such Nandini also remained at her parents house. Sanat Kumar along with his sister Shakuntala and mother on 28-11-1978 tried to resolve the matrimonial friction between the two families. On 1-12-1978 a talk was held between Sanat Kumar and Shivnarain at the house of the father of Nandini and ultimately on 3-12-1978 Shivnarain took Shakuntala to his house and Sanat Kumar also brought Nandini to his house after Vida ceremony.

3. Thereafter again some differences arose between Shivanarain and Shakuntala and as such on 8-12-1978 Shakuntala came to her parents house from her in-laws house and on 9-12-1978 Nandini also went to her parents house from her matrimonial home. Thereafter Nandini as well as Shakuntala continued to live at their parents houses respectively. Both Shivnarain as well as Sanat Kumar filed petitions of divorce against their wives on the ground of cruelty and desertion as contemplated under Section 13(1), (ia) & (ib) of the Hindu Marriage Act, 1955. The petition for divorce filed by Shivnarain was dismissed by ,the trial Court but was allowed in appeal by the High Court and an appeal fileld against the judgment of the High Court was dismissed by this court on 16-1-1990 in Civil Appeal No. 835 of 1987 Smt. Shakuntala v. Shivnarain Agarwal. Petition for divorce filed by 596 Sanat Kumar against Smt. Nandini was dismissed by the trial Court and the order was affirmed by the High Court. Sanat Kumar aggrieved by the Judgment of the High Court has filed the present Special Leave Petition No. 2187 of 1988.

4. We have gone through the entire record of the case and have also considered the arguments advanced by learned counsel for the parties and in our view this appeal deserves to be allowed. The present petition for divorce by Sanat Kumar has been brought on grounds of cruelty and desertion on the part of the respondent Nandini. Additional District Judge after discussing the evidence decided both the questions of cruelty as well as desertion against the petitioner/ appellant. The High Court did not discuss the evidence in detail but affirmed the findings of the trial Court. The husband Sanat Kumar has thus approached this Court by special leave. So far as the point of cruelty is concerned we agree with finding of the Court below. Now there remains the question of desertion and in our view the Courts below committed error in the facts and circumstances of the present case in holding that no desertion was proved in the present case. Section 13(1) and 13(1)(ib) of the Hindu Marriage Act, 1955 provides as under:

Section 13(1) - Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of div