The main legal point established in the judgment is that the petitioner must prove desertion beyond reasonable doubt and the absence of consent and reasonable cause for desertion. Additionally, the act of lodging a false F. I. R. for offenses under S. 498-A, 323, 506 I. P. C. amounted to mental cruelty.

( 1 ) THIS is an appeal under Section 95 of the CPC against the judgment and order dated 7-2-2002 passed by District Judge, Ghaziabad by which he allowed the petition of the respondent and decreed the petition for dissolution of marriage by the decree of divorce.

( 2 ) THE respondent who is resident of C-538 Sarojini Nagar, New Delhi filed the petition against the appellant alleging that the appellant is resident of 453/5 Brahmapuri, Meerut and is in service as social worker in L. L. R. Medical College, Meerut. The marriage between the parties was solemnized on 13-12-1996 at Meerut according to Hindu rites and ceremonies. That at the time of the marriage it was agreed that the appellant will resign from the job at Meerut and join the company of the respondent at Delhi and discharge her marital obligations. However the appellant did not resign from the job as agreed and on the other hand her behaviour became intolerable and cruel. She several times humiliated the respondent and his parents saying that they are persons of low standard and did not know as to how to live in style. The appellant refused to stay with the respondent and also to resign from the job and therefore, it was agreed that she will continue in job but will reach the house of the respondent on every Saturday, stay for Sunday and discharge her marital obligations and will return back to Meerut to join the duties on Monday. That the appellant also abuses the mother of the respondent on the ground of wearing jeans or salwar suit and hurled abuses on the respondent and his parents. She stopped coming to Delhi on weekends and started living exclusively with her parents since July 1997.

( 3 ) THAT the appellant became pregnant and she gave birth to a male child on 19-11-1997 in Medical College, Meerut. The respondent and his parents came to see the child on the next day but they were ill treated and abused and were not permitted to have access to the newly born baby. The appellant completely deserted the respondents from July, 1997.

( 4 ) IT is further alleged that the respondent filed a petition under S. 9 of Hindu Marriage Act for Restitution of conjugal rights at Delhi which has been stayed. The appellant also filed a petition under S. 9 of the Hindu Marriage Act before Judge, Family Court, Meerut for Restitution of conjugal rights against the respondent being Suit No. 378 of 1998. The respondent appeared in the case and denied the allegations made by the appellant in the petition. However, he moved an application before the Judge, Family Court, Meerut to decree the suit of the respondent for restitution of Conjugal rights and she may be directed to go with the appellant to his house so that they may start family life afresh. The Suit was accordingly decreed on 24-7-1999. He also paid a sum of Rs. 2,500. 00 awarded against the appellant under S. 24 and 26 of the Hindu Marriage Act. Immediately thereafter, on that day the appellant moved an application that the respondent be directed to go directly from the Court to his house on which the respondent endorsed that she requires one weeks time to arrange for leaves regarding her service and to make other arrangements. Accordingly one weeks time was granted and therefore, the respondent on 1-8-1999 went to the house of the appellant alongwith his brother and other relatives to take her, but the appellant refused to accompany him and insulted the respondent and his relatives. Then the respondent came to know that a false F. I. R. for offences under Sections 498-A, 323, 506 I. P. C. on 28-7-1999 has been lodged at police station Mahila Thana, Meerut by the appellant against the respondent and his other family members. Therefore, the decree for dissolution of marriage by divorce was sought by the respondent under clauses (i-a) and (i-b) of S. 13 of the Hindu Marriage Act (hereinafter referred to as the Act) on the ground of cruelty and desertion.

( 5 ) THE appellant contested the suit and filed written st