UMA WANTI Vs. RAM DAYAL

JUDGEMENT

(1.) THIS appeal has been filed by the wife against the judgment and decree of the Additional District Judge, Kurukshetra granting a decree for divorce in favour of the husband.

(2.) BRIEFLY the facts are that the parties were married on 19th February, 1973 at New Delhi. They lived together as husband and wife at Kurukshetra and Delhi. Out of the wedlock a daughter was born on 10th June, 1974 and a son on 12th October, 1975. It is alleged by the husband that the behaviour of the wife after one year of the marriage became rude towards him. She started compelling him to shift his residence from Kurukshetra to Delhi which he could not do on account of his aged parents. Thus their relation became strained.

(3.) AFTER sometime in order to lead harmonious family life, he shifted to Delhi in October, 1974 and stayed there till April, 1975 as the wife had joined a Tailoring and Cutting Diploma Course there. After she completed the Course, she agreed to come to Kurukshetra in September, 1975. Consequently, they shifted to Kurukshetra but she again left his house in his absence. In spite of his best efforts she did not return to his house. He moved a petition under section 97 of the Code of Criminal Procedure but when she was brought before the Court, she made a statement that she was not ready to live with him. Ultimately, he moved a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights. In view of the said application she returned to his house at Kurukshetra but after staying there for four days she again left on 14th August, 1976 for Delhi. He in the meantime got the petition dismissed.