BABY Vs. GOPINATH

JUDGEMENT

(1.) Appellant who is the wife of the respondent challenges the order of the District Judge, Kozhikode in O.P. 212 of 1981, which is a petition under S.13(1) (ib) of the Hindu Marriage Act. The learned District Judge allowed the petition and declared the marriage between them dissolved.

(2.) For the purpose of convenience the husband is referred to as the petitioner and wife as the respondent.

(3.) The petitioner married the respondent on 14-12-1972 in accordance with the custom prevalent in the Thiyya community. The allegation of the petitioner is that the relationship between him and the respondent was cordial during the initial days of the marriage, that his wife behaved arrogantly towards him, that while becoming pregnant of the third child she left his house on her own accord in August 1976, that she adopted stubborn attitude and never returned to his house and that all his entreaties to her to return to his house proved futile in view of her adament attitude of hostility. -The Trial Court considering the evidence held that the allegation of desertion has been succinctly established and granted dissolution of the marriage.