AVTAR SINGH Vs. SMT. BALBIR KAUR

JUDGEMENT

(1.) This appeal filed by the appellant Avtar Singh (hereinafter to be referred to as the 'husband') is directed against the ex parte judgment dated 19-12-1984 passed by Shri R.C. Jain, Addl. District Judge, Delhi whereby the petition of the husband under Sec. 13 (l)(ia) and (ib) of the Hindu Marriage Act, 1955 (as amended up-to-date) (in short the Act) seeking divorce against the respondent Smt. Balbir Kaur (hereinafter to be referred to as the 'wife') on the grounds of cruelty and desertion, was dismissed.

(2.) The appellant was married to the respondent on 11-11-1979 in accordance with Hindu rites.

(3.) Regarding desertion the allegation of the husband was that the wife had left the matrimonial home in the month of June, 1981 without any lawful excuse and had deserted him for a continuous period of more than three years and did not return to the matrimonial home in spite of repeated requests of his and his family members and that the voluntarily declared that she did not want to have any connection with the petitioner. To support this allegation of desertion the husband came in the witness-box as P.W.1 and also examined his elder brother Pritpal Singh (P.W. 2) and both of them supported aforesaid assertion made in the petition. However, the learned trial court was of the view that the mere fact that the wife left matrimonial home was not by itself suggestive that she had so left with the intention of deserting the petitioner. This finding by the learned trial court is nothing short of perversity. If a married woman leaves the matrimonial home and does not return to the matrimonial home a period of more than 3 years and flatly refuses to rejoin her husband on being requested repeatedly, the intention on her part is very obvious and it need not be stated that the intention is nothing else but that of deliberate desertion of the husband. It may be added that this desertion on the part of the wife took place for the reason that she was not able to succeed in her design of separating the husband from his parents and to have a separate house which made her furious and abusive towards the the petitioner in the presence of his family members which conduct on her part is also suggestive of cruelty on her part towards the husband.