ARMINDER KAUR Vs. MAJOR NARINDER SINGH BRAR

JUDGEMENT

(1.) THE wife impugnes the decree for divorce dissolving her marriage with her husband in this appeal.

(2.) THE facts unfolded by the husband in the position under Section 13 of the Hindu Marriage Act (for short 'the Act') briefly are :

(3.) THE marriage between, the parties was solemnised on February 11 1980; that after the marriage parties resided at Deolali, where the husband was posted; that the wife remained with the husband at Deolali till March 1981: that in the month of February, 1982, husband received an intimation of his father's illness; that the wife initially refused to accompany the husband to Chandigarh, but on persuasion she came with the husband to Chandigarh but left for her parents' house of her own accord; that the husband alongwith his parents went to the wife's parents house to bring her back but she declined; that on expiry of leave period, the husband returned to the place of his posting; that father of the husband and his sister approached the wife and brought her back to Chandigarh and she was sent to Deolali; that in the month of June, 1981, the husband received a telegram regarding the illness of his father and he asked the wife to accompany him to Chandigarh butlshe refused and told him that she would go only after the death of his father as she was not in a position to undertake such a long journey twice; that the husband was shocked at the behaviour of the wife; that the wife accompanied the husband to Chandigarh and on reaching there, they found that the later's father had expired a day earlier; that the wife stayed at the house of husband only till Bhog ceremony and thereafter, left of her own accord to her parents place in district Ropar; that the husband came on two months leave and the wife was asked to return to Chandigarh, but she came only at the fag end of his leave and accompanied the husband to Chandigarh; that the parties resided at Deolali till December, 1981 and thereafter at Wellington; that during this period, the wife became pregnant and desired that she should deliver the first child at her parents place and in October, 1982, she came to Ropar and gave birth to a daughter on October 24, 1982 that the husband came on two months' leave and brought the wife and the minor child to Chandigarh; that they lived with the husband at Chandigarh till April, 1983 and that the wife left with the child without informing the husband, his mother or any of the relatives; that the husband approached his parents-in-law to send back the wife, but they refused; that they insulted the husband when he had gone to fetch his wife from Mahllan, where the wife resided in her parental house; that mother of the husband was admitted in the hospital in September, 1984 when she was operated upon for cancer; that a message was sent to the wife to help the husband in this hour of distress, but she did not come; that to the contrary, a relative of the wife came to the husband's house and wanted to talk to his mother on the question of bringing back the wife to Chandigarh to join the husband, but the mother of the husband was lying in intensive care unit and she could not talk to the relations; that the marriage of the husband's sister was to be celebrated on December 23, 1984; that messages were sent to the wife to attend the marriage, but she did not; that to the contrary, wife's relatives came to Chandigarh and threatened the husband and his family members that she would cause hinderance in the performance of the marriage; that the wife's relatives made efforts to break up the engagement of the husband's sister, but it survived and the marriage took place as scheduled; that the conduct of the wife caused agony to the husband, but he made attempts to rehabilitate her in the matrimonial home and filed a petition under Section 9 of the Act; that she made a statement in those proceedings on October 16, 1985 that she would accompany the husband to the matrimonial home and the petition was dismissed accordingly, but she refused to comply with the statement; that the wife made complaints to the Army Authorities alleging that the husband's mother and sister had conspired to burn her alive or throw her out of the matrimonial home; that she apprehends danger to her life and asked for grant of monthly maintenance allowance to her.