CHANDRA Vs. CAPTAIN M.C. PANDEY

JUDGEMENT

(1.) This is an appeal by the wife Chandra against the decree of divorce granted on the ground of cruelty to the husband Captain M.D. Pandey.

(2.) The parties were married on 16th Jan., 1974 at Delhi. They were married according to Hindu rites and ceremonies. After marriage they went to Agra for a week and then to Secunderabad where they lived together for some time. On 3rd Nov., 1974, a son, who was named Vijay, was born at Secunderabad, Military Hospital. On 4th Dec., 1974, Captain Pandey left his wife Chandra at Almorah with her parents as he was being posted in a field area. The posting was in Nagaland which was a non-family station. In March 1975, Chandra came to live with Captain Pandey's parents at Delhi and Captain Pandey came there on leave. She was again left with her parents at almorah on 10th July, 1975. On 7th Feb., 1976, Chandra arrived at Mhow where her husband was undergoing training. At the end of July they both came to Delhi and from there Chandra went to Almorah when Captain Pandey had to return to Nagaland. On 20th Jan., 1977, Captain Pandey came to Delhi and again Chandra on being informed came from Almorah to Delhi on 9th Feb., 1977. On 18th Feb., 1977, after some altercations Chandra left the house, and they have not lived together since then.

(3.) Though the parties were married for little over three years, they stayed together for about half this period. Most of the time that they were separate. Capatian Pandey was at Nagaland, a non-family station. However, Captain Pandey has asserted that Chandra treated him with cruelty and has made allegations in this regard referring to certain incidents when they were together.