REKHA RANI Vs. BRAJENDER

JUDGEMENT

(1.) Impugned judgment of 18th August, 2009, grants divorce to respondent herein on the ground of desertion. It is pertinent to note that respondent had also sought divorce on the ground of cruelty, but respondent had failed to prove it. The factual background of this case already stands noted in the opening paragraphs of the impugned judgment and needs no reiteration.

(2.) Suffice it would be to note that parties were married on 30th June, 2001 at Dhanbad and after marriage, appellant had remained at her matrimonial house in Dhanbad but in September, 2001, she had come to Noida and had started living with her brother. Appellant has deposed in her evidence that she had come to Noida for doing diploma course in Financial Management from Amity Business School. It is the case of appellant that on 30th June, 2002, she had started living with respondent- husband in the family accommodation allotted to him. It is the case of respondent-husband that behavior of appellant with respondent was very inhuman and she used to insult him and quarrel with him. However, in the written statement, appellant-wife had denied the allegations of cruelty leveled against her and had maintained that she is still ready and willing to live with respondent-husband provided she is not ill-treated.

(3.) Appellant-wife had deposed as RW-1 and respondent-husband had deposed as PW-1 before trial court and had got Mr. Avdesh Kumar, his brother-in-law (Jija) examined as PW-2 in support of averments made in his petition for divorce. Trial court vide impugned judgment has rejected respondent-husband's version of being subjected to cruelty by appellant- wife but has granted divorce to respondent-husband on the ground of desertion while holding that appellant-wife is an educated lady and it was difficult to presume or believe that she would not be aware of her rights and she had not made any efforts to re-establish the conjugal ties between the parties. Trial court has found that Avdesh Kumar (PW-2), who had accompanied respondent-husband to Dhanbad for reconciliation, has not been cross-examined regarding appellant-wife and her parents refusing to send appellant-wife with respondent-husband. It is also noted that in the presence of Avdesh Kumar (PW-2), appellant-wife had abused respondent-husband and on this aspect also, there is no cross- examination. Thus, trial court has concluded that appellant-wife had deserted respondent-husband.