USHA Vs. VIMAL KUMAR

JUDGEMENT

(1.) This appeal under section 28 Hindu Marriage Act, 1955 (for short 'the Act') is directed against the judgment and decree dated 8-10-1985 passed by the Addl. Judge to the District Judge, Mandsaur at Neemuch, in C S. No. 35 of 1983.

(2.) It is not in dispute that the parties are Hindus and they were united in wedlock in 1974. For about a year they resided together at Manisa. Thereafter the appellant has been residing away from her husband's home and is in service. In April, 1982 the respondent's younger brother had come to her. Later the respondent served her with a notice dated 7-10-1982 (vide Ex. P/1) which she has replied by the notice dated 22-10-1982 (vide Ex. D/1).

(3.) The respondent instituted the aforesaid suit on the ground that all along the appellant had been residing with him, her behaviour with the persons of his family was not proper. She used to disobey his mother and she had subjected her to unbecoming behaviour. The respondent tried to explain matters to her but to no use. They somehow pulled on for some time and then she left his home. In 1975 they had occasion to meet and then she had declined to come with him and had indulged in marpit and had also threatened to kill him. His attempts to bring her back home have proved abortive. According to him, she has deserted him for a continuous period of more than two years immediately preceding the presentation of the petition, and she treated him with cruelty and hence the suit.