SAHAB KAUR Vs. ISHWAR SINGH

JUDGEMENT

(1.) The marital the between the parties stands snapped by the impugned decree of divorce granted at the instance of the respondent-husband by the Additional District Judge, Sonepat, on the ground that the appellant had deserted him for more than two years before the filing of the petition, i. e. 30th July, 1950. Having been taken through the judgment of the lower court, I find that the said Court approached the case from a completely wrong angle and has recorded a perverse finding that since the appellant-wife had failed to establish her plea that she had been thrown out of the house with effect from 28th March, 1980, the ground pleaded by the respondent-husband stood established. The following observations in the lower court judgment clearly lend support to this conclusion of mine :-

(2.) Besides the evidence, the following circumstances too eloquently falsify the version pleaded by him.

(3.) Firstly, it is difficult to swallow that a girl who had been born and brought up in a village in an illiterate family would like to part company with her husband only on the ground that it was difficult for her to live in the village of the husband or that the village life and illiterate parents- in-law were in any way intolerable for her. Secondly, if the appellant had left the house of the respondent of her own accord and as suggested, in the absence of the respondent and his parents, why will she leave her infant son aged less than a year at the relevant time in the house of her in-laws and not carry him along with her ? Thirdly, even if the stand of the respondent-husband that the appellant was not interested in living away from him in a village with her parents and rather wanted to enjoy the city life where on occasions he was posted as a Constable is to accepted for argument's sake, then that by itself negatives one of the essential ingredients of 'desertion' i.e., the appellant wanted to repudiate the obligations of marriage and was willing to forsake his company without any cause.