VINOD CHANDRA SHARMA Vs. RAJESH PATHAK

JUDGEMENT

(1.) THIS appeal purporting to be under section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and order of Sri R. S. Tripathi, the then Vth Additional District Judge, Aligarh, passed on 19-1-84, in matrimonial petition no. 262 of 1980.

(2.) THE original petition was filed by the present appellant Vinod Chandra Sharma against his legally married wife Smt. Rajesh Pathak, and purported to be under section 13 of the Hindu Marriage Act, 1955. Divorce was prayed for. THE ground taken was that on 3-9-77 in the absence of the petitioner the respondent left the marital home alongwith her brother Vinod Pathak and since then she has not returned back inspite of repeated attempts. THE case is sought to be covered by Sec. 13 (1) (ib) and it is contended that the wife has deserted the husband for a continuous period of not less then two years immediately preceding the presentation of the petition.

(3.) CONTEST was put forth by the respondent. Her contention was that after the Gona she lived with the husband only for 25 days and after this period she was sent to Jais to live with the family of Panna Lal Parashar, elder brother of the petitioner. She lived there continuously upto 3-9-77 and during this period the petitioner remained in service at Agra where he was living in a rented house. He never gave her any amount for maintenance and never visited her while she was living in Nagla Jais. It was after the marriage that at the instance of the petitioner the respondent joined B. Ed. classes in Agra but thereafter since he was not happy with the dowry that he had received, he was constantly pressurising the respondent to bring more dowry from her house and in that connection she was occasionally given beatings. After his transfer to Hathras the petitioner rented a house in Hathras itself but never kept the respondent with him. During her stay at Jais, Panna Lal Parashar was constantly teasing her, as a result of which she fell ill and the petitioner then sent her back to Agra. He did not take any care of her during her illness and since then has not tried to bring her back. On the contrary, she has a number of times approached the petitioner and met him with a request that she should be kept with him but her request had always been turned down. The respondent took up her M. A. and B. Ed. and joined a High School at Namner, Agra, but her service there was terminated. She was always, and is still ready, to perform all the marital obligations and live with the petitioner and, therefore, the petition is not maintainable.