JAGDISH MANGTANI Vs. GEETA JAGDISH MANGTANI

JUDGEMENT

(1.) Jagdish Mangtani-appellant husband (original petitioner) has filed this Second Appeal under Section 100 of C.P.C. against the judgement and decree dated 15.12.1999 passed by the learned Joint District Judge, Kutch at Gandhidham in Regular Civil Appeal No. 189 of 1999. The learned judge by his impugned judgement and decree was pleased to allow the appeal filed by Smt. Geeta Jagdish Mangtani-wife (original respondent). The learned judge was pleased to quash and set aside the judgement and decree dated 18.6.1999 passed by the learned Civil Judge (S.D.), Gandhidham, in Hindu Marriage Petition No. 14 of 1998 filed by Shri Jagdish Mangtani-appellant husband. The learned Trial Judge has passed a decree of divorce between the appellant and the respondent wife by dissolving their marriage as provided under Section 13 of the Hindu Marriage Act.

(2.) The facts giving rise to this petition are as under.

(3.) Being aggrieved and dissatisfied with the said judgement the respondent wife filed appeal being Regular Civil Appeal No. 189 of 1999 before the Joint District Judge, Kachchh on 13.7.1999. The Joint District Judge, Kachchh at Gandhidham by his judgement and decree dated 15.12.1999 has held that the trial court has erred in holding that the respondent wife has committed an act of cruelty towards the petitioner-husband by abandoning the petitioner-husband and the petitioner husband was entitled to obtain a decree of divorce. The learned appellate judge also held that the learned trial judge has not properly considered the fact that decree of divorce granted by the trial court is improper and illegal. The learned appellate judge has held that if a woman gets good designation or good job on the strength of her education and if a husband is not earning good income and is residing at another place after the marriage, wife cannot be compelled, according to orthodex Hindu mythology, to leave her good services or status and to stay at the husband's place. If a woman refuses to do so, she cannot be called upon to be ready for divorce. If it is so acted upon, it would be an insult to the woman's pride and it would amount to denial of a woman's right of equality. In view of the same, the learned appellate judge has held that it cannot be said that the wife has abandoned her husband or has committed an act of cruelty towards the husband by abandoning the husband and the husband was entitled to obtain the decree of divorce.