UMESH KUMAR Vs. CHANDRAKRIPA

JUDGEMENT

(1.) THESE are two appeals under Section 28 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as 'the Act') by the husband against the judgment and decree by which his application under Section 13 of the Act for divorce has been rejected and the application of the wife under Section 9 of the Act for restitution of conjugal rights has been allowed.

(2.) IT is not in dispute that Chandra Kripa was an Advocate and practising at Sidhi. Umesh Kumar Soni was working as a Chemist in a Cement Factory at Manawar in District Dhar. They married on 7-12-1989. The distance between Sidhi and Manawar is about 1000 kilometers and it could be easily foreseen that it was bound to create trouble in the matrimonial life unless there was a deep understanding between the couple. The wife lived in Manawar at some intervals and the couple had two daughters. The wife did not leave her practice and continues to work as an Advcoate at Sidhi. From the various letters exchanged between the parties which are on record and marked as Ex. D-1 to Ex. D-20 it appears that the husband encouraged his wife to pursue her career as an Advcoate and to enter into politics. The wife initially by her letter dated 27-12-1989 (Ex, D-12) expressed that she is prepared to leave her practice and shift to Manawar to live with her husband. But the husband continued to insist upon his wife to pursue her career as an Advocate at Sidhi.

(3.) THE case of the husband is that there was an agreement between the present parties before the marriage that the wife would shift to Manawar and live with her husband there. After the marriage the wife lived with the husband for about one and half months and then came back to Sidhi for giving her briefs to other lawyers or to make some alternative arrangement. According to the husband his wife revealed to him that she has illicit intimacy with the husband of her elder sister. She started treating him with cruelty. She deserted him without reasonable excuse. She used to quarrel and abuse him. She made a proposal for divorce in May, 1990. The same story was repeated in November, 1992. In April, 1994 the papers for divorce were prepared but the wife refused to sign the same. He has claimed divorce on the grounds of curtley and desertion.