INDU GUPTA Vs. RAJESHWAR PERSHAD

JUDGEMENT

(1.) This is an appeal under section 28 of the Hindu Marriage Act challenging the judgment and decree passed, on March 20, 1980 by Shri P.L. Single, Additional District Judge, Delhi dissolving the marriage of the parties herein under section 13(l)(b) of the Act on the ground that the appellant-wife had deserted her husband for a continuous period of more than two years immediately preceeding the presentation of the petition by the husband.

(2.) The parties were married in Delhi on 11th May, 1971, in accordance with Hindu Rites. They were residing at 11/142, Biria New Line, Kamla Nagar, New Delhi, in a quarter allotted to the husband's father where in all 12 other members of the family were also living. The parties led a happy married life for about 6/7 months in that house consisting of one room and a varandah. Thereafter, it is the husband's case that his wife wanted him to break away from his parents and other members of the family and live separately. As he is the eldest son, be expressed his inability to do so. Despite his having made his position clear, the wife continued to compel him to leave his parents and live separately from them. According to them in the month of June, 1975, she left the matrimonial home to attend a marriage in her family and took away all her jewellery and costly sarees etc. and since then has been living at her brother's house without his consent. Inspite of the efforts made by the husband and his family to bring her back she has refused to do so without any reasonable excuse or cause. Hence, the petition for dissolution of the marriage.

(3.) The wife appellant herein" denied that she had led a happy married life for 6 or 7 months as averred by the husband. She also denied that she ever wanted her husband to break ties with his parents or live separately from them. She alleged that his parents and other relations of the family of the husband had treated her cruelly on occasions beat her. According to her she was treated as an "untouchable". She was not even provided a Charpoy for sleepnig. Her case was that she was left by her husband at her brother's house towards the end of December, 1976. She bad not taken any jewellery or costly clothes with her. In fact her jewellery was still in the possession of her husband.