RAVINDER KAUR Vs. RAJ BARENDER SINGH

JUDGEMENT

(1.) THIS is a wife's appeal. The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce on the ground of desertion. The marriage between the parties took place on May 8, 1977. The couple was not blessed with any child. The husband in order to prove desertion, has alleged that right from the marriage, the wife adopted a cold response to the matrimonial obligations as also her relations with him despite his efforts to adjust her in the married life. She would, most of the time remain at her parent's house. She would create scenes in order to humiliate him and his family members. She was operated upon for tumour of the uterus by Dr. Devi at Chandigarh in a private Nursing Home in the year 1982. The wife called her father who gave a threat to the husband that he would not allow her daughter to continue to live with him. Her father lodged a complaint with the police, where the matter was compromised and he consequently look his daughter to Delhi on September 16, 1982 along with articles of Istri-dhan, jewellery and other belongings. The wife thus, left the matrimonial home not only against the wishes of her husband, but despite his persistent resistance. Thereafter she never visited her matrimonial home. It was thus pleaded that the wife left the matrimonial home intentionally and deliberately, and for good. She is living away from her husband for a continuous period of over two years and has thus deserted her husband.

(2.) THE husband has further alleged in the divorce petition that he filed a divorce petition on the ground of cruelty but it was got dismissed in default. At that time, the ground of desertion was not available to him since the period of two years had not yet elapsed. It was also mentioned that in proceeding under Section 125 of the Code of Criminal Procedure initiated by the wife, in the Court of Metropolitan Magistrate, Delhi, she was awarded maintenance.

(3.) PRAYER of the husband seeking amendment of the divorce petition by including the ground of cruelty as well, as a ground for divorce was, however, declined by order dated September 2, 1987.