SHAKUNTLA Vs. HARBIR SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant-wife against the decree of divorce granted in favour of the respondent-husband on the grounds of cruelty and desertion.

(2.) Marriage between the parties was solemnised on 17.6.1984 at village Bawana (Delhi). Parties lived together at village Nehra. No issue was born out of the wedlock. On 6.5.1989, respondent-husband filed a petition for divorce alleging that the appellant-wife left the matrimonial home on 12.3.1985 with the intention not to return and though the respondent-husband went to bring her back in July, 1985, but the wife's parents were not inclined to send her. Further efforts were also made in vain. This action of the wife amounted cruelty and desertion.

(3.) Petition was contested by the appellant-wife, inter alia, on the grounds that a similar petition was earlier filed on 12.5.1986 which was dismissed in default on 11.8.1988 and that the wife had stayed with the husband upto 26.3.1987. It was further stated that the wife was always willing to live with the husband but the husband was not willing to keep her and wanted divorce. Respondent appeared as PW-1 and also produced Anand Singh Sarpanch of village Bawana as PW-2 and his father Rohtash Singh as PW-3. The appellant-wife appeared as RW-1 in support of her case.