RASHMI PORWAL Vs. VIVEK PORWAL

JUDGEMENT

(1.) THE respondent/husband filed an application under Section 13(1 -A) of Hindu Marriage Act, 1955 for decree of divorce on the ground of desertion against the non applicant/appellant before the Third Additional District Judge, Vidisha. By the impugned judgment dated 24.2.2005, the same has been decreed. Aggrieved by this, the non -applicant/wife has filed this appeal under Section 28 of Hindu Marriage Act 1955.

(2.) IT is not disputed that the marriage between the appellant and the respondent was solemnized on 23.06.1997 at Ahmedabad observing Hindu customs.

(3.) IN April, 1998, a child was born. When she got the indication that the applicant/husband will not move to Bhopal, on 27.04.1998, she left for her matrimonial home alongwith her ornaments, clothes and she carried the 16 days old son with her. Since then she did not return to the applicant. A report was lodged by the applicant/husband. Non -applicant/wife lodged a false report of dowry demand against the applicant/husband and his parents. They were taken into custody under Section 498 -A of IPC. The actions of non -applicant/wife was cruel mentally and physically. She also filed a petition under Section 125 of Cr.P.C. and another complaint was filed under Section 406 of IPC. The applicant and his family members were harassed. The non -applicant/wife is serving as a Computer Programmer and her earning is Rs. 11,962/ - per month. Because of her behaviour, now the applicant and non -applicant cannot live together as husband and wife therefore, the applicant has to dissolve their marriage by passing a decree of divorce.