NIRMAL DEVI Vs. RAGHBIR SINGH

JUDGEMENT

(1.) Nirmal Devi-appellant-wife has preferred this appeal to lay challenge to the judgment and decree dated 3.2.2011 passed by the Court of Additional District judge ( Ad hoc) Fast Track Court, Gurdaspur (hereinafter referred to as "trial Court") accepting the petition of the respondent-husband for dissolution of marriage of the parties on the ground of desertion.

(2.) Nirmal Devi appellant and Raghbir Singh respondent entered into wedlock on 30.4.1993 and a child, aged about five years, was born to them. As per averments in the petition filed by the husband, the behaviour of the appellant-wife was not good and she had been representing that her marriage was solemnized against her wishes and she did not want to live with her husband. She used filthy language against the husband and his family members. She extended threats to commit suicide. Ultimately, the appellant-wife left the matrimonial home in August, 1997 on the pretext of Raksha Bandhan and since then is living in her parental house. In the month of September, 1997, the husband came on an annual leave and went to his in-laws house to bring his wife to the matrimonial home but she refused. He alongwith some respectables, went to the house of his wife's parents to bring her back but she refused to come back and thus willfully deserted him without any reason.

(3.) The appellant-wife, in her written reply controverted the allegations of the petition in respect of her being the guilty spouse or subjecting her husband to cruelty and deserting him. She has inter alia raised the plea that the husband was not happy with her and he always uttered filthy words. Her parents being poor could not fulfill the demand of the husband. She was turned out of the matrimonial home in August, 1997.