SUMAN Vs. JAIKUMAR

JUDGEMENT

(1.) BY this appeal, appellant wife has questioned the decree of divorce granted by the trial Court in favour of respondent.

(2.) APPELLANT Suman in 1962 married with respondent-Jaikumar. After the marriage, she started living with respondent at Kalamb, district Yavatmal where he was serving as a teacher. In 1964, she was blessed with son Chandrakant. In 1966, she was blessed with daughter. However, she did not survive. In 1967, respondent-Jaikumar shifted his residence from Kalamb to his parental house at Venikota which is about 7 miles away from Kalamb. Appellant Suman stayed with him at Venikota for 3 to 4 days. She left Venikota on 15-1-1967 and started residing with her mother at Nagpur. Respondent husband wrote letters but she did not come back. He, therefore, on 3-5-1967 issued notice. However, the appellant Suman did not respond.

(3.) RESPONDENT-JAIKUMAR, therefore, filed an application under Section 9 of the Hindu Marriage act for restitution of conjugal rights. His claim was decreed on 24-12-1968. Appellant even then did not join respondent and she questioned the validity of the order before the District Judge. The District Judge set aside the decree of restitution of conjugal rights and remanded the matter to the trial Court. Respondent husband questioned the order of remand by filing second appeal before this Court. However, he subsequently withdrawn his petition for restitution of conjugal rights on 20-6-1979. The respondent-husband thereafter on 11-7-1979 presented a petition under section 13 (1) (b) of the Act claiming dissolution of marriage by decree of divorce. According to him, the appellant-wife deserted him without sufficient cause or reason since 15-1-1967. The appellant wife resisted the claim. According to her, the respondent had an illicit relation with one shakun who has been residing at Venikota. She alleged that the respondent assaulted her and driven her on 15-1-1967 and, therefore, she was residing at Nagpur. She also made a counter claim for judicial separation on the ground that the respondent-husband is living in adultery.