KUSUM LATA Vs. SATISH KUMAR KHANNA

JUDGEMENT

(1.) This First appeal by the wife is directed against the order dated 07 August 1989 passed by the Addl. District Judge, Delhi, decreeing the petition of the husband for divorce against the appellant wife under section 13(1) (i-b) of the Hindu Marriage Act, 1955 (for short the Act), dissolving their marriage and passing a decree for divorce.

(2.) KusumLata,theappellantwife,isaB.A.,B.Ed. She was teaching in a government school at Shahdara and lived in her parental house in Ghaziabad, U.P. Satish Kumar Khanna, the respondent-husband lived in Delhi with his widowed mother and sister. They were married on 21 November 1971 in accordance with the Hindu rites and both lived in matrimonial home at Delhi intermittently for about eight years. There is no issue from this wedlock. The appellant left her matrimonial home and started living in her parental home at Ghaziabad with effect from 07 March 1979. On 12 April 1979, the respondent filed a petition under section 13 (1) (i-b) of the Act, seeking divorce on the ground of cruelty and desertion. It was dismissed on 21 July 1980 vide order Ex.PI, as it was held to be premature, having been filed before the expiry of two years from the alleged desertion on 07 March 1979. The respondent again filed this petition for divorce on 15 April 1987, which was subsequently amended. He claimed that the appellant cared little for his mother and sister; pressurised him to live separately from the rest of the family, his widowed mother being of 75 years, he cannot leave her and his sister; the appellant often left the matrimonial home without his consent and finally left on her own on 07 March 1979, since when they are living apart, he wanted to settle, kept on waiting but the wife did nothing; there is no scope for reconciliation and their marriage be dissolved and a decree of divorce be passed.

(3.) In reply, the appellant-wife did not deny having left her matrimonial home on 07 March 1979. She, however, denied other allegations by the husband and stated that her mother-in-law and sister-in-law were of quarrelsome nature and used to abuse her. She used to go to her parental home but with the husband's consent. She claimed that though a gentleman, her husband was a miser and a greedy person and wanted her entire pay to be given to him, without doling out anything for her pocket expenses, she was required to transfer her bank account and endorse her fixed deposit receipt in his favour, to which she declined and was turned out; she had always been ready and willing to go back to the matrimonial home and during reconciliation proceedings, in the earlier divorce petition on 29May 1979,she offered to go back and live with the husband as his wife, which offer was declined by him. According to her, shortly thereafter, she went to the husband's house on 01 August 1980, was thrown out and again tried in September 1980 but was not let in, however, she succeeded in getting into the house in October 1981, re-started living with him happily till 1982. Her mother got ill, she came to see her, asked her husband to come to see his mother-in-law, which he did. She was still prepared to go back to her matrimonial home but would not be accepted as the husband is not sincere. She also pleaded that the divorce petition brought after eight years of the alleged desertion is not maintainable.