JAGWATI Vs. GAJENDER KUMAR

JUDGEMENT

(1.) MAT.APP.(F.C.) 143 of 2015 The appellant/wife is aggrieved by the judgment dated Aug. 21, 2016 whereby a decree has been passed in favour of the respondent/husband dissolving their marriage on the ground of cruelty and desertion by her.

(2.) In brief, the admitted facts are that the appellant/wife got married to the respondent/husband on May 15, 1998. No issue was born out of this wedlock. The appellant/wife was the only child of her parents. She not only used to visit her parents very frequently but also stay there for about 15-20 days every month. On her visit to her parental home on the death of her father on April 16, 2000, she lived there for about eleven-twelve months.

(3.) Since the appellant/wife was not performing the matrimonial obligation by staying away from her matrimonial home and often living at her parental home for years together, a petition under Sec. 9 of Hindu Marriage Act, 1955 was filed in the year 2003 by the respondent/husband seeking restitution of conjugal rights. The appellant/wife agreed to resume cohabitation and returned to matrimonial home on March 10, 2015. The joy was short lived as admittedly she left after four days and is staying at her parental home since March 14, 2005. The circumstances under which she has gone to parental home on March 14, 2005 were intimated by the respondent/husband to the local Police Station at Kapashera on the same day.