SHASHI SHAH Vs. KIRAN KUMAR SHAH

JUDGEMENT

(1.) This appeal raises interesting questions in the context of strained family life of husband and wife. The plea of wife appellant is that she is entitled to the company of husband who is an Engineer at the places of his posting. Her repeated grievance is that she wants company of her husband at Sillgudl where he is presently posted, to enjoy the marital rites. The plea of husband respondent is that the wife should reside at his parents house and he cannot take her at different places of his posting. There is one more factor in this case which come Up during the negotiations held in our Chambers as required under the Statute, that the husband is not ready and willing even to have a separate residential accommodation at Agra where he has settled whereas the wife is ready to live with the husband even in small accommodation. Thus, the main question for determination by this Court is whether in the circumstances narrated above, the conduct of husband amount to desertion and cruelty?

(2.) The trial court has passed decree of divorce believing the version of husband to be correct and has granted maintenance of Rs. 1,000 per month to the wife.

(3.) The second question involved in this appeal is whether the wife is entitled to get custody of the child, namely, Anupam Shah (alias Shrenik Shah) aged about 4 years at the time of filing of the plaint who is presently living with his real maternal uncle and is getting education there. The wife appellant is living at Loharia with her brother.