K R SRINIVASAN Vs. S LAKSHMI

JUDGEMENT

(1.) THE matter arises under the Hindu Marriage Act. THE husband is the appellant. He filed a petition under Section 13(1) (b) of the said Act for divorce on the ground that respondent wife had deserted him without any just and reasonable cause for a continuous period of two years.

(2.) THE averments in the petition are as follows: THE parties were married on 14-7-1975 and the wife was living with the husband for sometime, that she became mentally unsound and this state of affairs continued till a female child was born on 4-11-1976, but the husband came to know that the wife had mental affliction even before the marriage and this was suppressed when the marriage was celebrated, that after the birth of the female child, the wife came to the husband's house in March, 1977, that her behaviour during the stay was very bad and she was always quarrelling with the other members of the family, that she threatened to commit suicide and all the attempts on part of the husband's family proved futile and the matter was aggravated by the mother of the wife. In January, 1978 the wife conceived again and within ten days of its birth the child died, that after the death of the child she did not evince any interest b come and live with the husband even though the first child was living with the husband, that after a lot of persuasion the wife came to Madurai in March, 1978, but her attitude and behaviour did not improve and on 5-7-1978 the wife's mother came to the husband's house and without informing him or any of the members of the family she took the wife from the house along with her jewels, her sare and other materials and that this amounted to desertion by the wife without any intention to come back and live with her husband. THEre was a notice issued on 31-7-1978 and the wife sent a reply on 16-8-1978. In or about January, 1979 the wife came with eight persons at 4 pm and took away the child forcibly and the husband and his brother resisted this attempt, but they were beaten up and when the police arrived, the wife's brothers left the place. THE wife had not evinced any interest to come back and live with the petitioner-husband. This petition was therefore, necessitated.

(3.) THE wife herself filed an application in I.A. No. 44/83 under Section 26 of the Hindu Marriage Act for a direction to the husband to hand over the child to her.