RAJ BALA Vs. KRISHAN AVTAR KAUSHIK

JUDGEMENT

(1.) Of the two grounds on which Krishan Avtar Kaushik sought divorce from his wife Raj Bala under Section 13 of the Hindu Marriage Act, one relating to cruelty on her part, was negatived by the trial court, and no attempt has been made during the hearing of this appeal to find any infirmity in that finding. That aspect, therefore, need not be discussed here. It was on the ground of desertion that divorce was allowed. The husband's allegations were that she had left for her parents house on 31-5-1979 after taking away her jewellery from the.locker. Subsequently he tried to bring her back on 10-6-1979 by going to her parents' house, but was given callous treatment and told that she had no intention of continuing married life with him, and their relations should be treated as served.

(2.) The case of Raj Bala appellant, on the other hand, has been that she continued to reside with Krishan Avtar upto the third week of July, 1982 when she was turned out on her failure to satisfy the increasing demands of dowry. She denied that she had of her own left the matrimonial home in May, 1979, or ever misbehaved with him or his mother. Rather, according to her, all her jewellery and other items of dowry given at the time of the marriage, have been kept by Krishan Avtar.

(3.) The parties were married at Rohtak on 28-2-1979 according to Hindu rites, and thereafter stayed in the husband's house at village Singhola. They had their honey-moon at Simla, and on return from there left for Jabalpur where they stayed at the house of a friend of Krishan Avtar. Where Raj Bala allegedly showed some spend-thrift tendencies and wanted to purchase gifts for her parents and sisters. This latter allegation has been denied by Raj Bala. This, however, has little bearing on the ground of desertion which is now in purview. Krishan Avtar was M. Com. at the lime of marriage, and according to him, he was undergoing Articles in Chartered Accountancy. He, however, could not complete them as according to him, he .became very much, mentally upset because of the rude and cruel treatment of Raj Bala. At present he is employed as a clerk in Delhi State Industrial Development Corporation. Raj Bala is B.A. and is not employed anywhere. There has been no child out of the wedlock.