1. Leading cruelty and desertion the respondent - wife sought the dissolution of marriage by a decree of divorce under Section 13 of the Jammu and Kashmir Hindu Marriage Act (herein-after referred to as the Act) in the trial Court of Sub Judge, Reasi, It was contended by the respondent - wife that the marriage between the parties was solemnized on October 13, 1976 according to the Hindu rites and customes. Exactly after one year the husband met with the serious accident and lost his mental equilibrium for some time. The relationship between the parties became strained and deteriorated day by day. During the period of more than four years the respondent alleged to have beaten her and subjected herself to cruelty by her husband the treatment of the husband with the wife for the aforesaid period is alleged to be cruel and barbarous. It is alleged that the husband defamed the wife by making groundless and false charges against her character. She was deserted willfully and without any reasonable cause since October, 1979. The wife was forced to leave the company of her husband and was putting up in her parental house at Reasi against her will in constrained and forced circumstances created by her husband. The respondent is alleged to have been persuaded by the father of the wife to come and live with her at Reasi but despite all efforts he did not show any change in his attitude towards wife. As the parties were living separately the wife sought the dissolution on the ground of desertion.

2. In the objections filed on behalf of the husband the marriage between the parties and the occurrence of accident is not disputed. It is submitted that as a result of the accident the husband had suffered a serious brain injury and remained in come for some time. The wife instead of behaving like a pious Hindu wife and to help the husband at the time of his accident and injury, deserted the husband and did not even think it proper to attend to her husband The wife was responsible for the deterioration of the relationship and it is submitted that in fact the wife has deserted the husband. The petition has been filed mala-fide with the object of getting divorce one concocted grounds. It was further submitted that the petition was not bona-fide as the wife was taking the advantage of her own wrong.

3. On the pleadings of the parties the trial Court framed the following issues :-

1. Whether the application has not been properly verified, if so, what is its effect ? OPP

2. Whether the respondent has been treating the petitioner with cruelty ? OPP

3 Whether the respondent has willfully deserted the petitioner without any reasonable and probable cause? OPP

4. Relief?

4. The petitioner - wife produced Mohan Lal, Harbans Lal, Sh. Hem Raj, Rishi Kumar Koushal, Shri Brij Mohan, Shri Ashok Dhaman, Sh. Anand Saroop and Shri Chuni Lal as her witnesses besides appearing hereself as her own witness. The respondent did not produce any evidence except getting his own statement recorded.

5. After appreciating the evidence led by the parties the trial court came to the conclusion that the wife had proved the issues regarding cruelty and dissertion and eventually directed the passing of a decree of divorce under Section 13 of the Act Aggrieved by the judgment and decree of the trial court the present appeal has been filed in this court on various grounds including the one that the court below has not properly appreciated the evidence led in the case and that the issues framed were not proved in flavour of the wife. It is further submitted that even if the allegation regarding cruelty and dissertion stood proved no decree could have been passed in favour of the wife because according, to her husband she had condoned the acts of cruelty and dissertion as complained by her in the petition. The husband had also filed an application under Section 9 of the Act praying for restitution of conjugal rights. The trial court despite consolidating both the petitions did not pass any or

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