MAMTA Vs. AMRIT PAL SINGH

JUDGEMENT

(1.) THE wife is in appeal before this court against the judgment and decree dated 27.2.2009 of the learned court below whereby in a petition under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act"), the husband has been granted a decree of divorce.

(2.) THE facts as are available on record are that the marriage of the parties was solemnised on 17.9.2004 according to Sikh rites at Ludhiana. The husband filed a petition for divorce on 25.2.2006. The plea raised was that after the marriage the wife did not reside with him. The marriage was consummated but no child was born out of the wedlock. At the time of marriage, the appellant was working as Information Officer in Punjab Agricultural University, Ludhiana. After the marriage, she continued with her job and occasionally joined the company of the husband, who is residing at Mohali. She did not even resign from her job at Ludhiana or agree to join any service at Mohali or Chandigarh. She did not share with the husband as to how much was her salary and how much she was spending or saving. She was not obedient. Her conduct was always irritant. She caused mental harassment and agony to the husband. Her living apart and depriving the husband pleasure of matrimonial relations, was a constant source of mental torture. Maintaining secrecy, the wife got visa for UK and left on 23.7.2005 and since then she was not in contact with the husband and also did not disclose her place of residence or what she was doing there.

(3.) THE stand taken by the wife in the reply was denied by the husband in the replication filed and whatever stated in the petition, was reiterated.