PUSHPA DEVI Vs. DHARAM PAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant-wife against the judgment and decree dated 12.1.1993 rendered by Additional District Judge, Patiala granting a decree in favour of the respondent-husband on the grounds of cruelty and desertion.

(2.) Marriage between the parties took place on 20.9.1977. Divorce petition was filed in May 1989 by the respondent-husband. It was alleged inter alia, that the appellant-wife left the matrimonial home 22.12.1984 without the consent or knowledge of the husband and she was living separately without any reasonable cause. It was further alleged that during her stay with the husband, she used to quarrel with the parents of the husband and she threatened the husband with dire consequences. The wife contested the petition. It was stated that the appellant was employed as a teacher and that earlier, both the husband and the wife lived at village Randhawa and in the year 1985, they shifted to Sirhind i.e. the place of her posting, to avoid travelling as the law and order situation in the State was not good. It was further stated that the husband used to come to Sirhind and sometimes the wife used to go to village Randhawa. She also alleged that the husband had a soft corner for one Bhupinder Kaur, teacher. The husband filed replication and stated that on 16.5.1989, the wife visited the school where he was posted and threatened him with dire consequences. He further stated that she filed false complaints to the Sub Divisional-Magistrate, Fatehgarh Sahib, District Education Officer, Patiala and Deputy District Education Officer, Patiala. The wife also filed re-joinder and though she admitted having visited the school of the respondent on 16.5.1989, but she stated that the husband felt angry on seeing her as he was sitting with Bhupinder Kaur teacher and the husband rebuked her for her visiting the school.

(3.) The trial court after appreciating the evidence on record held that the allegations of cruelty and desertion stood proved and granted a decree of divorce. Aggrieved thereby, this appeal has been preferred.