ALKA BHASKAR BAKRE Vs. BHASKAR SATCHIDANAND BAKRE

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 27th August, 1986, by his Honour Judge S. F. Rego, of the City Civil Court Bombay, decreeing the petitioner-husbands petition for divorce under section 13 (1) (ia) and 13 (1) (ib) of the Hindu Marriage Act, 1955, for divorce on the ground of cruelty and desertion, the original respondent wife has preferred the present appeal.

(2.) THE parties to the marriage hail from a middle class educated family. The father of the wife was the head of the department of Sanskrit in Ruia College, Bombay, whereas the father of the husband was a retired school teacher at Wardha. The wife having passed her M. A. in Sanskrit was employed as a Lecturer in Ruia College. The husband had passed his B. E. (Civil) and was an Assistant Lecturer in the Government Polytechnic at Amravati. The marriage between the parties was soleminised in Bombay on the 18th March, 1967. Soon after the marriage the wife tendered her resignation and accompanied the husband to Wardha where her in-laws were residing. The parties stayed there for about 8 days and thereafter proceeded to Amravati and stayed there till about the end of April 1967. Thereafter the wife came back to Bombay for the purpose of assessing the examination papers. She also undertook German language course. In May, 1967 the wife withdrew her resignation and rejoined Ruia College in June 1967. She was also required to attend the marriage of her sister Vidya which was solemnised at about that time. In June, 1967 the husband was called for an interview for German Scholarship for which he was selected. Between July and September 1967 the husband attended the German language course at Pune. He proceeded for Germany on the 10th October, 1967. In March, 1968 the wife obtained a passport probably with a view to join her husband in Germany. The husband returned from Germany and rejoined the college at Amravati in December, 1968. On his request the wife gave up her job by resigning and joined her husband, at Amravati in March, 1969. The husband however, was transferred to Bombay in December 1969 and hence both the husband and wife came to Bombay and the wife rer-employed in Ruia College. In August/september 1970 the husband was transferred to Nagpur. In March 1971 he was transferred to Amravati. In July 1971 the husband joined VJTI at Bombay for post graduation and was posted in Bombay after he completed his post graduate examination. Thereafter the husband resided in the Shardashram for sometime. Thereafter the husband resided in the VJTI hotel during which period the wife resided with her parents. On 11th January, 1972 a son Abhijeet was born to the couple. During October/november, 1974 the couple resided at Thane and thereafter in Government quarters at Bandra. The wife had in the meanwhile in 1972 booked a flat at Andheri and it is the case of the husband that he had contributed the initial amount of Rs. 3000/- towards booking of that flat. This flat was ready by about March, 1975 and the couple shifted their residence to this flat.

(3.) ON the 1st of September, 1975 a daughter Ajita was born. The husband, however, on the 1st July, 1976 came to be transferred to Nagpur. In the same month, the wife got herself admitted for M. A. , in Sociology. During his stay in Nagpur the wife visited him on a couple of occasions. However, it is the grievance of the husband that she did not visit parents at Wardha. Likewise the husband used to visit the wife and the children at Bombay.