USHA Vs. LAXMI NARAYAN

JUDGEMENT

(1.) THE parties to the proceedings were married according to Hindu rites in the month of February, 1985 at village Parichhat Hanota, Tahsil and District Sagar. The appellant/defendant lived with the respondent/plaintiff in his house till June 1985. The husband/respondent filed a petition under section 13(1)(ia) and 13 (1)(ib) of the Hindu Marriage Age,1955 on the allegations that the appellant/wife left her place of residence in the month of June, 1985 and inspite of his best efforts to call her back the appellant/wife refused to come back to the respondent's house and the appellant/wife is not discharging her marital functions and, therefore, that tantamounts to a cruelty.

(2.) IN defence, it is the case of the appellant/wife that she got pregnant and when she was pregnant, she was illtreated by the respondent/husband and driven her out of the house and since then she was forced to live with her brothers and the respondent/husband in spite of the birth of a child has not visited her. Thus, the respondent/husband himself has deserted the appellant/wife and, therefore, he is not entitiled to a decree of divorce.

(3.) IT is established now on the basis of the statements recorded that the appellant/wife had left the house of her husband with the intention of bringing the cohabitation to an end permanently more than two years prior to the presentation of the petition, as is clear from her refusal to go and live with her husband when her husband went to fetch her back. There is evidence on record to show that the appellant/wife left the house of her husband not on account of the cruel treatment given to her or that she went with the consent of her husband. On the perusal of the entire evidence it is established that the appellant/wife and not the plaintiff/respondent has deserted thereby making a ground under section 13(1)(ib) of the Hindu Marriage Act. The learned trial Judge has decreed the suit of the plaintiff/respondent on this ground. I do not find any irregularity or illegality committed by the trial Court in granting a decree of divorce. As a result thereof, this appeal fails and is dismissed with costs. Counsel's fee according to schedule, if certified.