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1985 Supreme(P&H) 323

I.S.TIWANA, PREM CHAND JAIN
Om Parkash – Appellant
Versus
Roshani – Respondent


Judgment

I.S.TIWANA, J.

1. One of the evils of an early marriage is well highlighted by the facts of this case.

2. The parties to the litigation were married at a very tender age in the year 1956. They started living as husband and wife about seven years thereafter and a girl was born to them in the year 1965 when the appellant husband was still an under-graduate and was studying at Jind. This child, however, died by the tame she reached the age of ten/eleven years.

3. After passing the B.A. Examination, the appellant joined service as an Auditor in the office of the Accountant General at Simla and so continued there till the year 1971. As per his stand in the petition for divorce, the respondent wife had left his house in December, 1965. He claims to have continued his efforts to bring her back till the year 1971 when he learnt that she had given birth to an illegitimate male child. This was enough to put "complete stop to all conciliatory efforts on his part He, however, filed the present petition under Section 13 of the Hindu Marriage Act (for short, the Act) in the year 1979 for a decree of divorce on the grounds of desertion and adultery. Though he initially succeeded in the tr



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