BHAGIRATHABAI Vs. BABURAO DEVRAO

JUDGEMENT

(1.) THIS is an appeal from wife from the decree of dissolution of marriage on a petition filed by the respondent-husband under section 13 (1) (ib) of the Hindu Marriage Act, 1955 (for short, the Act ).

(2.) THE parties were married some eighteen years ago and from this wedlock one daughter was born to them. In 1972 their relations appears to have become strained on account of the family dispute. It has been alleged by the respondent-husband that the appellant did not like to reside in the joint family and insisted him to separate from his brothers and on his refusal to do so the appellant left him voluntarily and has been residing with her parents.

(3.) THEREFORE, on January 25, 1974 the respondent filed a petition for restitution of conjugal rights under section 9 of the Act against the appellant which was ultimately dismissed on the ground that the respondent has failed to prove that the appellant has withdrawn from his society without any reasonable cause. After dismissal of his petition, the respondent also filed the present petition for a decree of dissolution of marriage on the ground of desertion under section 13 (1) (ib) of the Act.