KAMLESH SABHARWAL Vs. VISHWANATH SABHARWAL

JUDGEMENT

(1.) This first appeal by the wife under Sec. 28 of the Hindu Marriage Act, 1958 (hereinafter referred to as ('the Act') is directed against the judgment and decree dated 30th Sept., 1980 dissolving the marriage between the parties by a decree of divorce on the ground of desertion. The appellant prior to marriage was resident of Ambala while the respondent has been a resident of Delhi. The marriage between the parties was solemnised on 5th March, 1972. The appellant gave birth to a female child on 30th Dec., 1972. On 8th Nov., 1977 the respondent-husband filed the petition for divorce under Sec. 13(1) (ib) of the Act. Briefly the allegations are that the appellant left the respondent on 6th Nov., 1972, and since then she has been living separately at Ambala, that he did not receive any communication from her, that the appellant has severed all connections with him, that he and other relations visited Ambala a number of times to persuade her to join the matrimonial home but with no effect, that she did not attend his sister's marriage fixed for 15th Feb., 1973, that she had made up her mind to desert him permanently and with a view to severe all her connections she joined the Teacher Training Course without his consent at Ambala, and after passing the course in 1976 from Sohan Lal Training College joined service in Government Industrial School, Ambala City. The appellant contested the petition alleging that after marriage it was proposed to go for honeymoon to Goa and for that purpose the respondent asked her to obtain Rs. 5000.00 from her father, that she did not agree to his unwarranted demand with the result that the idea of going to Goa was dropped and it was decided to go to Simla, that a sum of Rs. 500.00 was then asked and given by her father for going to Simla for honeymoon, that the respondent was not happy over the dowry, that she had conceived and registration for her delivery in the Holy Family Hospital, New Delhi was done after she obtained a sum of Rs. 500.00 from her father, that she was sent to Ambala along with her mother and brother near about Bhaiya Dooj of 1972, that she came to Delhi after three or four days thereafter and stayed for one month but was again sent all alone for effecting delivery at Ambala and was told that she should return only if a son was born, that she was not informed about the respondent's sister marriage allegedly fixed for 15th Feb., 1973, that she gave birth to a female child on 30th Dec., 1972, that neither the respondent nor any of his relations visited her or the child at Ambala that she came to Delhi in March, 1973 along with her brother and after staying for two weeks she was forced to go back and was told that she should come if she could bring huge amount from her father, that she went to Ambala from where she had gone to her elder brother at Mehsana in Gujarat where from she had been writing letters to the respondent to visit her but there was no response, that from Mehsana she came to Delhi but again treatment meted out was very cruel and humiliating, that she received telegram from the respondent to forget the past and come to Delhi upon which she again came to Delhi but was again sent back to Ambala in Aug., 1973 and was told again to bring huge amount from her father, that in Jan., 1975 she along with her mother came to Delhi to live in the matrimonial home but they were insulted and they had to return. She admitted that in June, 1975 she joined the B. Ed. course, passed the same in 1976 and joined service. She denied that she left the respondent on 6th Nov., 1972 and never returned thereafter.

(2.) The word 'desertion' has not been defined. The Supreme Court in Bipinchandra Jaisinghbai Shah Vs. Prabhavati, A.I.R. 1957 S.C. 176 after referring to the case law on the subject has observed as follows :

(3.) The appellant then deposed that for medical check up she came from Ambala to Delhi in Aug., 1972 that the respondent got her registered in the Holy Family Hospital only when she brought Rs. 500.00 from her parents, that her younger brother Vinay Bhasin had brought Rs. 500.00 from Ambala. The appellant first stated that she brought Rs. 500.00 from Ambala and in the next breath she said that her younger brother had brought the said sum of Rs. 500.00 from Ambala. Her brother Vinay Bhasin appearing as R.W. 3 deposed that they received a letter from the appellant to the effect that Rs. 500.00 should be given to her for making arrangement in hospital and accordingly he brought Rs. 500.00 with him. The alleged letter by the appellant demanding Rs. 500.00 for hospital is not on record. There is however a letter dated 10th Aug., 1972 Ex. P-1 from appellant's mother to respondent's mother wherein she informed her that the appellant's father wanted that the delivery should take place at Ambala as their relation was a lady doctor there and that no arrangement should be made for her delivery at Delhi. The story of the payment of Rs. 500.00 in Aug., 1972 and this letter dated 10th Aug., 1972 are contradictory. It does not stand to reason that amount would he paid to the respondent for registration in Holy Family Hospital, New Delhi when the appellant's mother had specifically Wnitten to the respondent's mother that no arrangement should be made fir delivery at Delhi.