( 1 ) WHAT amounts to "cruelty" and "desertion" so as to dissolve the pious ties of marriage by a decree of divorce under S. 13 (l) (i-a) (i-b) of the Hindu Marriage act, 1955 are the questions to be considered in this appeal.

( 2 ) THE brief facts are that the marriage between the parties was solemnized on 19-5-1991. The husband took the wife in usual manner to her matrimonial house. The allegations are that on the first day itself, the wife started abusing her husband, brothers-in-law (Jeth and Devar) and the father-in-law by showing her eyes saying that who are they and how they have come to her "house? With all this she was allowed to reside for 15 days in first round and thereafter, her father was called and she was "sent to her parents place. The allegations are that the wife was not mentally fit. However, she was shown to the doctors and again was sent to her matrimonial house, from where, she was taken by the husband to his place of posting at Korba. The further allegations are that here also the wife used to abuse the husband and she had tried to burn herself by pouring kerosene oil on her. Looking to all this, she was again sent to her parents place. When the relations became strained a report under S. 498-A was lodged by the wife and a proceeding under S. 125 of the" code of Criminal Procedure was also drawn at her instance. This criminal proceeding ended into a compromise and the wife was again taken by the husband on 2-8-1995. However, this time also, the wife started abnormal behaviour. Watching her such activities, the husband took her to a Psychiatrist where she started abusing him. She was admitted in his hospital for many days. The allegations are that thereafter also, there was no change in the conduct and behaviour of the wife and finally she was sent on the mercy of her parents on 30-8-1995. All these are the allegations regarding treating the appellant with cruelty by her. The appellant also took stand that after leaving the matrimonial house on 30-8-1995 the wife has not returned to his company till filing of the petition on 23-7-1996, therefore, along with the ground of cruelty, the ground of desertion was also available to him.

( 3 ) THE above contentions of the appellant were denied by the respondent by filing a written statement. I have gone through the written statement which shows a categorical denial about the cruelty and desertion on her part. However, she admitted that in unavoidable circumstances, a report to the police was lodged and she had to file a petition under S. 125, Cr. P. C. , which ended into a compromise on 2-8-1995. It was specifically pleaded by her that after few days of marriage, the husband raised a demand for giving him certain landed property and rs. 50,000/ -. When the same could not be fulfilled, the husband and other family members started treating the respondent with cruelty and ultimately she was thrown out from her matrimonial house by them.

( 4 ) THE trial Court after recording evidence of the parties, dismissed the petition of the appellant holding that the appellant could not establish either desertion or cruelty. However, while dismissing the petition, it made a provision in the decree for payment of permanent alimony and maintenance to the wife by the husband to the tune of Rs. l. 000/- p. m. till the date of their reunion. It is this judgment and decree, passed by the first Addl. District Judge, Janjgir on 14-7-1997 in civil suit (matrimonial) No. 19-A/ 1996, has been called in question by the appellant in this appeal.

( 5 ) LEARNED counsel for the appellant submitted that on the basis of material available on record, the ground of desertion was proved by the appellant. He also argued that the ground of cruelty was also established by evidence and it is writ large on record to show that the conduct of the respondent amounts to mental cruelty. He further argued that the Court below erred in law in making a provision for permanent alimony in the decree, which cannot

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