IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

: J U D G M E N T :

S.B. Civil Misc. Appeal No.109/2002.

(Ajeet Kumar Vs. Smt. Asha)

DATE OF ORDER : August 10, 2006

P R E S E N T

Hon'ble Mr. Justice Gopal Krishan Vyas

___________________________________

Mr. Parikshit Nayak for the appellant.

Mr. Bhagat Dadhich and Mr. Mridul Jain for respondent.

BY THE COURT :

The instant appeal has been filed by the appellant

Ajeet Kumar under Section 28 of the Hindu Mariage Act,

1955 (for short, “the Act” hereinafter) challenging

the judgment dated 18.10.2001 passed by the learned

District Judge, Banswara in Civil Misc. Case No.19/97

whereby the Court below rejected the application filed

by the appellant under Section 13 of the Act and

refused to grant decree of divorce.

The appellant husband sought decree of divorce

under Section 13 of the Act on the allegations against

respondent wife of cruelty, desertion and unsound

mental state. The respondent wife turned up before

the Court below and opposed the divorce sought by her

husband. Accordingly, on the pleadings of the parties

before the Court, the trial Judg