1988 Supreme(Raj) 320
J.S.VERMA, FAROOQ HASAN
K. C. Sikroria – Appellant
Versus
Sarla Sikroria – Respondent
Advocates Appeared:
R.M. Lodha, for Appellant; N.L. Jain, for Respondent
FAROOQ HASSAN, J.—Apparently a coil of reversals is the fate of this litigative battle before this Court between the appellant and the respondent over a petition for divorce sought by the appellant-husband on the ground of desertion as provided for in S. 13(1) (b) of Hindu Marriage Act, 1955, (for brevity, the Act). The first inning of the litigative match was fought and played before the District Judge, Kota, who, on an evaluation of the relative merits and demerits of the rivals, granted a decree of divorce dissolving the marriage solemnized between the parties, on the ground of desertion (supra), but this victory of the husband was short-lived because at the second inning of the legal bout, the Single Judge of this Court inverting the decree of divorce dismissed the husbands petition holding that the desertion by the wife is not proved. Hence the worsted appellant invokes the jurisdiction of the Division Bench of this Court by filing special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 seeking that we should review the decision impugned, re-judge the relevance and weight of the points, pro and con, and as a result of this, adjudicatory exercise on facts sp
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