Desertion and cruelty constitute grounds for divorce under Section 13 of the Hindu Marriage Act, 1955, and the withdrawal of a previous divorce petition does not bar the filing of a fresh petition with additional grounds.

M. C. JAIN, J.

( 1 ) THESE two appeals have been filed under S. 28, Hindu Marriage Act, 1955 (hereinafter to be called the Acts against the judgment dated 25/09/1989 of the learned District Judge, Merta, allowing the petition of the husband petitioner Suresh Kumar moved under S. 13 of the Act, granting decree of divorce against wife Leela Devi and also maintenance under S. 25 of the Act at the rate of Rs. 500. 00 per month to her. The Appeal No. 257/89 has been filed by Leela Devi for setting aside the decree of divorce granted against her. The Appeal No. 291 / 89 has been filed by Suresh Kumar for setting aside the order granting maintenance at the rate of Rs. 500. 00 per month. The facts of the case giving rise to these appeals may be summarised thus.

( 2 ) ON 2/03/1983, the husband petitioner Suresh Kumar moved a petition under S. 13 of the Act with the allegations, in short, as follows. The marriage in between the parties took place on 19/06/1975 at Nagaur. After some time of the marriage, difference in the behaviour of Leela Devi was noticed. This was at the instance of her parents. She started quarreling and insulting him. Her behaviour became very rude and intolerable. She did not care for him. She started giving his money to her parents. On 9/08/1975, she left his house for her parents house while he was busy in puja. Despite several requests, she did not return and live with him. Gold and silver ornaments which were given to her in the marriage by him and his parents are with her. She was pregnant when she left his house on 9/08/1975. On 20/04/1976, she gave birth to a male child. He moved a petition under S. 9 of the Act for the restitution of conjugal rights. During -the course of reconciliation, she refused to live with him. Thereafter, he filed a petition under S. 13 of the Act for divorce and under S. 25, Guardian and Wards Act for the custody of his minor son Avinash against her. She also filed an application under S. 125, Cr. P. C. against him. On her assurance that she would start living with him, he withdrew his both the said petitions but she never came and lived with him. In her reply to his previous petition moved under S. 13 of the Act, she stated that he (Suresh Kumar) is himself leading an immoral life, he used to visit women of easy virtues and return late in night in drunken state and used to beat her. These allegations were totally false and were made in order to defame him. They amounted to cruelty. Despite it, he always persuaded her to live with him but she never came back and lived with him. She is serving as a teacher in the Saraswati Bal Mandir, Nagaur on salary of Rs. 350. 00 per month. She is also earning by doing knitting work. Her total income is Rs. 1,000. 00 per month.

( 3 ) IN her reply, Leela Devi admits that the marriage in between the parties took place on 19/06/1975 at Nagaur, she left the house of her husband in 1975, she gave birth to a male child on 20/04/1976, Suresh Kumar had also earlier filed a petition under S. 13 of the Act for divorce, another petition under S. 25, Guardians and Wards Act for the custody of their son Avinash, she also filed an application under S. 125, Cr. P. C. against him, reconciliation proceeding took place in the court of the District Judge, Nagaur in the previous divorce proceedings and all three cases were withdrawn by the parties. The remaining averments of the petition have been denied. It has further been averred that the behaviour and conduct of her husband had been very kantenkerous, he used to beat her, it became impossible for her to live with him and she was turned out from his house. She also averred that on his assurance she started living with him in 1982 and lived for two months but again she was beaten by him and was forced to leave his house.

( 4 ) AFTER framing necessary issues and recording the evidence of the parties, the trial Court held that Leela Devi herself left the house of her husband Suresh Kumar without any reason