KISHORI BARI Vs. ARUN KUMAR VARMA

JUDGEMENT

(1.) Wife has preferred this appeal under Section 28 of the Hindu Marriage Act aggrieved by Judgment and decree dated 15-11-1996 passed by the Third Additional District Judge, Bhopal in Civil Suit No. 101-A of 1987, whereby on the petition presented by the husband-respondent she dissolved the marriage between the parties performed in June 1979, by decree of divorce.

(2.) According to the husband he was married in the year 1979 and the marriage has taken place at Rewa according to Hindu rites. According to the husband, he is a permanent employee and resides at Government accommodation No. 82/91, South T. T. Nagar, Bhopal. According to the husband on 18-1-1982 his wife went to her parental home and in spite of several attempts to bring her to the matrimonial home, she did not come and accordingly he had no option than to seek dissolution of marriage. it has been further stated that earlier the husband got an ex parte decree for dissolution of marriage on 20-11-1987 and after that he married again another lady on 16-6-1990 and from this marriage he has got two children. It has been further stated by the husband that his wife is a free lancer and works in Child Development Department from where she gets regular pay and lives a comfortable life.

(3.) Wife in the reply has stated that she never declined to carry out her marital obligation. Her further assertion is that she was never taken care of by her husband and she was treated with cruelty. It is the stand of the wife that her husband used to assault her and as her father is a fourth grade employee, he was not in a position to meet her husband's demand of Rs. 15,000/-. According to the wife her husband stated that in case, she does not bring the aforesaid amount, she shall be set on fire by pouring kerosene oil. It has been stated by the wife in the reply that after the receipt of the news of the death of her father in law on 29-3-1987 she along with her father and father's sister (BUWA) went to Bhopal on 7-4-1987 and participated in the rituals as his wife. It has been stated that on 17-4-1987 her husband quarrelled with her father and threw him out from the home. He further demanded a sum of Rs. 15,000/-. Further stand of the wife is that her husband has married the second time in spite of the stay order passed by the Court. It is her assertion that now her father is dead and she is doing temporary job in Aangan Wadi scheme from where she is paid only Rs. 400/- per month, whereas her husband is a well to do person, getting salary of Rs. 3,500/- per month and she is entitled for maintenance at the rate of Rs. 1,500/- per month. On the basis of the pleadings of the parties, the trial Court framed various issues including the issue as to whether respondent (wife) has deserted the applicant (husband) without reasonable cause for many years and whether the petition is maintainable ? On analysis of the evidence the learned Judge found that the wife deserted the husband without any reasonable cause and while considering the issue of maintainability of the petition, it has gone into the question of territorial jurisdiction and held that the petition is maintainable.