MANJU RAJAK Vs. PARVINDER SINGH

JUDGEMENT

(1.) Appellant-wife has assailed the judgment and decree dated 7-8-2008 passed by the Additional Principal Judge, Family Court Gwalior in HMA No. 205-A/06 by which petition filed by respondent-husband under section 13(l)(i-a) and 13(l)(i-b) of Hindu Marriage Act stood allowed on the ground of desertion and the marriage between the parties has been dissolved.

(2.) The respondent-husband filed a petition for divorce against the appellant-wife. For the sake of convenience wife is referred to as "appellant" and husband is referred to as "respondent".

(3.) Brief facts for adjudication of present appeal are that the respondent filed a divorce petition alleging that he was married with appellant on 21-2-2000 in Gwalior. After the marriage, the appellant lived with him only for four days and thereafter she returned to her parental home and did not come back and she is living separately from the respondent without any sufficient cause. On 23-6-2005 respondent's sister's marriage took place and appellant attended the wedding ceremony but without meeting respondent and his parents, she returned back to her fathers' home. At that time she took away ornaments worth Rs. 50,000/- and cash of Rs. 28,000/- with her. Thereafter, appellant lodged a false report against the respondent at Mahila Thana. Compromise has taken place between the parties concerning that report and then appellant started living with respondent. She used to go frequently to her parental house. It is alleged that the appellant treated respondent with cruelty as she never wanted to live with him. She never performed her matrimonial duties and obligations. Her conduct and behaviour towards respondent and his parents was worst and aberrant. Thereafter, she left the matrimonial house forever and is residing separately with her parents without any reasonable and proper cause. Hence on the ground of cruelty and desertion, respondent is entitled to decree of divorce.