OMWATI Vs. MANOJ KUMAR

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal under Section 28 of Hindu Marriage Act is directed against the judgment and decree dated 24/9/2012 passed by Additional District Judge, Ambah, District Morena in case No. 49/2009 (HMA). The suit filed by plaintiff -husband for divorce under Section 13 of Hindu Marriage Act has been decreed on the ground of desertion.

(3.) FACTS pleaded in the plaint are to the effect that marriage between the defendant -wife and plaintiff -husband was solemnized in village Ruariyapura, police station Dimni, district Morena about 12 years ago. At present, plaintiff -husband is serving Indian Army as soldier and posted at Jammu and Kashmir. Out of the aforesaid wedlock, no child is born. For 2 -3 years after the marriage, defendant -wife though had maintained cordial relationship with other members of the family; however, for the reason that defendant -wife did not conceive, she developed a typical hostility and don't care attitude towards the members of family, possibly for the psychological reasons. As plaintiff -husband has been away from home at his posting, day to day the atmosphere at the house had become tensed and disturbed. As and when husband used to visit the home, he did not receive proper treatment from his wife. She remained same with the husband as well during the time, husband was on vacation. In the month of March, 2009, the wife adopted a weird attitude and threatened to commit suicide by hanging. Somehow she was pacified. Thereafter, she went to her parents. When husband went to bring her to his home, he was subjected to ill treatment by the wife and her parents. However, husband maintained his cool. After sustained efforts, the wife came back to his home after two months. Again in the month of September, she consumed pesticides to kill herself as such, on her this action, weird attitude and hostile temperament, the whole family of husband was tensed and there was disturbed atmosphere at home. Such circumstances did cause mental agony and also social indignation in society. In view of aforesaid facts and circumstances, it was difficult for husband to lead a peaceful life with wife. For three years preceding the date of filing the suit, the wife was residing with her parents. There was no cohabitation. Under such circumstances, husband has filed the instant suit for divorce on the ground of desertion.