GEETA JAGDISH MANGTANI Vs. JAGDISH MANGTANI

JUDGEMENT

(1.) This is an appeal by the wife against the judgment of the High Court passing a decree of divorce on a petition filed by the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as Act).

(2.) Briefly, the facts are that the marriage between the parties took place on 2nd November, 1992 at Ulhasnagar, Mumbai where the husband resides with his parents and other family members. The wife stayed in the matrimonial home up to 2nd June, 1993. In between she had returned to her parents house at Adipur, Bhuj (Gujarat) on a couple of occasions to join her service as a teacher in a school at Anjar, Bhuj, Gujarat. The wife is teaching in the Municipal School at Anjar since prior to marriage. It is common case of the parties that on 2nd June, 1993, the appellant-wife left the husbands house for her parents house at Adipur in Bhuj, Gujarat for her first delivery. A son was born on 11th November, 1993. The fact is clearly established on record that after 2nd June, 1993 the appellant never returned to her husband to join him in the matrimonial home at Ulhasnagar. In her evidence the wife has said that the husband visited her off and on, stayed with her at Adipur where she was staying with her parents. However, this statement made by the wife has been denied by the husband. These statements are merely oral statements made by the parties in support of their respective stands during the course of trial and have rightly not been relied upon by the courts below. The undisputable further fact is that on 30th September, 1996, husband sent a notice (Exhibit 21) to the wife through his lawyer alleging desertion on her part and also alleging that the wife wanted that the husband should resign his job in Ulhasnagar and stay with the wife at Adipur, Gujarat. This was on account of the fact that the wife was in a Government job as a school teacher and was earning about Rs.7000/- per month while the husband had a private job in which he was earning only Rs.1400/- per month. The husbands case has been that because he was not making enough money while the wife was earning well, she always wanted him to stay with her at Adipur in Gujarat. In reply to the notice vide Exhibit 22 dated 14-10-1996, the wife denied the allegations of the husband and stated that she was prepared to stay at Ulhasnagar with the husband. The husband got another notice dated 21st October, 1996 Exhibit-23, served on the wife more or less on the same allegations as were made in the previous notice. The wife sent a reply dated 4th December, 1996 Exhibit-25 on similar lines of denial. While appearing as a witness in support of her own case the wife has categorically maintained that she was willing to leave her job at the school in Anjar, Gujarat provided the husband was earning at least Rs. 5000/- per month so that he could properly look after her and her son. Therefore, from the exchange of notices and the replies only one thing emerges that till 1996 there was no attempt on the part of the wife to join the husband.

(3.) Ultimately, on 31st December, 1996 the husband filed a divorce petition seeking divorce on the ground of cruelty and desertion. The trial court after recording evidence accepted both the grounds and granted a decree of divorce. However, on an appeal filed by the wife, the lower Appellate Court reversed the judgment of the trial Court and dismissed the divorce petition filed by the husband. The husband appealed to the High Court against the said order. The High Court by the judgment which is under challenge in this appeal confirmed the decree of divorce granted by the trial Court but only on the ground of desertion as the ground of cruelty was not pressed on behalf of the husband before the High Court. It is apparent from the judgment of the High Court that the learned Judge made various attempts to bring about a settlement between the parties but he failed. This is noted by the learned Judge that both the parties appear to be adamant regarding their respective stands, that is, the wife is not prepared to leave her job at Anjar in Gujarat unless the husband is able to earn a handsome salary at Ulhasnagar where he stays with his parents and other family members. Likewise, the husband is not willing to leave his present job and stay with the wife at Adipur, a place near Anjar in Gujarat where she is teaching. It may be mentioned here that at Adipur, the wife stays with her parents, the son of the parties is also with the wife.