SAROJ BALA Vs. RAKESH KUMAR

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-wife against the judgment and decree dated 06.04.2012, passed by the District Judge, Amritsar (hereinafter referred as 'the trial Court'), accepting the divorce petition, filed by the respondent-husband, on the ground of desertion.

(2.) The marriage between the parties took place on 29.07.1989 at Amritsar, according to Hindu rites and ceremonies. Two children, a son and a daughter, were born out of the wedlock. The husband filed a divorce petition on 10.04.2010, alleging, inter alia, that attitude of the appellantwife is non-cooperative, indifferent and cruel. The wife did not get herself transferred to Jalandhar as per promise made before marriage. She left the matrimonial home in February, 1990. She was brought back to the matrimonial home as per compromise arrived at between the parties on 30.06.1991. She again left the company of the husband on 29.09.1991. In June 2004, a Panchayat was convened and again a compromise was arrived at between the parties and the wife joined the company of her husband, but two weeks thereafter, she left the matrimonial home along with children and since then, she is living separately from her husband. The husband filed a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA') for restitution of conjugal rights, which was granted on 30.10.2007, but the parties did not resume cohabitation.

(3.) The appellant-wife contested the petition, controverting the allegations of cruelty and desertion. She raised a plea that the husband has contracted a second marriage and the petition has been filed by him to get rid of her.