PRATIBBA PRABHAKAR MANJREKAR Vs. PRABHAKAR DAMODAR MANJREKAR

JUDGEMENT

(1.) This appeal arises out of the matrimonial petition filed by the original petitioner-wife, for a decree of divorce on the aground that the respondent husband has treated her with cruelty and deserted her for a period exceeding 2 years and also on the ground that he had voluntary sexual inter-course with another woman. The trial Court held that the petitioner had not proved the fact that the respondent-husband had treated her with such cruelty would entitle her to a decree for divorce. The-Court further held that even though the petitioner had been staying away from her husband for a period 'exceeding 2 years before the date of the suit, still the evidence on record indicated that she had left the matrimonial home out of her own volition and not because she was driven out of the house by the respondent husband. Even on the question of adultery it was held by the Court that the allegation was not proved by the petitioner wife. Hence this petition was dismissed by the trial Court.

(2.) After this appeal was argued at length, the learned Advocate for the respondent fairly stated before the Court that there was enough evidence on record to prove at least the fact that living apart by the two spouses was not the result of any volition on the part of the petitioner-wife. He conceded that on the evidence on record the court would be entitled to draw inference that the petitioner-wife had been deserted by the respondent-husband in the sense that she was required to live away from him because the husband had no desire that she should live with him. Moreover both the learned advocates stated before the Court that having regard to the nature of the attitude of both the spouses towards each other, It is impossible that they can live amicably and happily as husband and wife at any time in the future and can have happy matrimonial home. Both the parties were present in the Court personally and upon taking instructions from them both the learned Advocates stated before the Court that according to both of them it was impossible that they could live happily with each other at any time in the future. In these circumstances, not only the learned, Advocate for the appellant but even the learned Advocate for the respondent stated before the Court that it would be in the fitness of things that the appeal should he allowed and a decree for divorce should be passed in favour of the petitioner-wife on the ground that the respondent-husband had deserted her for a period exceeding two years.

(3.) As will be presently mentioned. I have myself examined the entire evidence and I am satisfied that even without going to the question as to whether the petitioner wife had established her allegation of cruelty on the part of the husband or not, there is enough evidence on record to justify a finding that the petitioner wife has been required to stay away from her husband not out of her volition but because of the fact that in the peculiar circumstance, of which she is not guilty, she has been required to live away from her husband and totality of the facts on record must give rise to an inference of desertion on the part of the husband of the petitioner-wife.