1. The appellant husband is challenging the order dated 17.10.2000 passed by the Additional District Judge, Neem Ka Thana, District Sikar in Divorce petition No. 27/98 by which order the divorce petition filed by the appellant husband was dismissed.

2. The parties were married on 2.7.1992 as per Hindu rites at village Jaswantpura and lived together as husband and wife at Dhani Navedi Tan Trilokpura. She was sent in 'Muklava' to his matrimonial house after two years in July 1994. It was alleged that just after 5 or 6 days, the parties started quarreling with him and his parents, younger brother and younger sister of the husband. It was further alleged that she had a habit of taking 'Gutka' (Zarda Masala) in much quantity. She was asked not to indulge intoxicating eating masala. She left for her parents in the year 1995, but again came back in August 1995. She was again taken away by her parents. It was alleged that some young persons from her village used to come whose visit was being objected. The appellant was doubting the character of the respondent wife. It was alleged that when the appellant was at Delhi in connection with his work, the respondent wife killed his mother on 13.9.1995 by giving as many as 21 injuries and buried her. An FIR was registered against her. She was arrested on the same day and was sentenced to Life Imprisonment on 26.8.1998. It was also one of the grounds that the respondent wife was not staying with the husband petitioner for last more than three years at the time of filing of the divorce petition.

3. Allegations of cruelty as stated were denied. The respondent wife had narrated that she was being un-necessarily doubted so far her character was concerned. However, it was admitted that she has been sentenced to Life Imprisonment for killing her mother-in-law with the rider that she had been involved falsely and an appeal against the said order of conviction is pending. The respondent had taken a counter defence that as a matter of fact she had not left the appellant, but it was appellant who had left her at her parents' house and had not come to take her back. Following issues were framed :

1. Whether the respondent after 'Muklava' ceremony in July 1994 was misbehaving with the parents, brother and sister of the appellant and was quarreling with them and causing cruelty to the appellant?

2. Whether in the year 1995 when she was at her husband's house, some young man used to visit which was being objected to by the side of the appellant?

3. Whether the respondent had been convicted for killing her mother-in-law i.e. the mother of the husband and is undergoing life imprisonment with a fine of Rs. 1,000/-.

4. Whether the parties are living separately for last three years before filing of the present application of divorce?

5. Whether earlier an application was filed by the appellant in 1995, but was dismissed on 6.2.1998 as having been closed for non-production of evidence?

4. In regard to issue No. 5 about the previous application of divorce having been filed by the appellant, the trial court had given a finding that it did not amount to res judicata as no final decision was given by the court.

5. In regard to issue No. 3 it was held that the respondent had been convicted to undergo imprisonment for life for killing her mother in law, but for the reason that the appeal had been filed in the High Court, therefore, the conviction could not be held to be final till the appeal is decided.

6. Issue Nos. 1, 2 and 4 were decided against the appellant and in favour of the respondent.Record was called for.

7. The only point which has been argued before me is that in view of the conviction of the respondent for murdering the mother of the appellant i.e. mother in law of the respondent wherein she is undergoing life imprisonment, it amounts to cruelty and in no circumstance it shall ever be possible for the husband to live with the wife who has been convicted for life and even if she is acquitted by the appella