VITHAL HULAJI HIVER Vs. SUMANBAI VITHAL HIVRE

JUDGEMENT

(1.) THIS is an appeal preferred by the husband-original petitioner whose petition for divorce bearing H. M. P. No. 19 of 1984 though decreed by the Civil Judge, senior Division, Nanded, on 29. 3. 1986, said judgment and decree is reversed in Regular Civil appeal No. 121 of 1986 by the II Additional district Judge, Nanded, on 16. 4. 1990. Present appellant sought divorce from his wife-respondent on the ground of desertion under section 13 (1) (ib) of the Hindu Marriage Act, 1955.

(2.) THE appellant approached the Court with a case that in 1976, he married the respondent. For one year they lived happily. Thereafter, respondent started picking up quarrels on the petty matters. The appellant and his family members tried to have happy matrimonial atmosphere, but the respondent did not change her attitude. She insisted on separate residence with the appellant from the other members of the family, to which the appellant did not agree. Therefore, in the month of September, 1980, the respondent left company of the appellant and went to reside at her parental house. The appellant made several attempts personally and through his relatives to bring her back, but the respondent refused to join the company of appellant. Therefore, the appellant filed petition for divorce.

(3.) THE respondent appeared in the petition and filed her written statement at Exh. 13. She stated that for about two years she lived at the house of the appellant. The attitude of mother of the appellant changed thereafter. . She started picking up quarrels over petty matters. She was instigating the appellant to abuse and beat the respondent and inspite of that she was pulling on with the matrimonial life. However, in Diwali, 1978, the respondent was driven out of the house of the appellant and sent back to her parental house. Thereafter, her father and other persons made efforts for reconciliation, but the appellant refused to accept the respondent in the house. The respondent denied that she voluntarily left house of the appellant. In the circumstances, according to her the application should be dismissed.