PRIYANKA Vs. MANJEET

JUDGEMENT

(1.) Aggrieved by the dismissal of the petition filed under Section 13(1)(b) of the Hindu Marriage Act, 1955, seeking dissolution of marriage by a decree of divorce, the wife Priyanka has come forward with the present appeal.

(2.) Petitioner-wife filed a petition for dissolution of marriage on the sole ground of desertion. The petitioner married the respondent-husband on 27.4.2008. It was contended by the petitioner that she was a minor at the time when the marriage was performed. She visited her in-laws house alongwith the respondent-husband only for one night and thereafter came back to her parental house on 29.4.2008. It has been alleged by the petitioner that the respondent-husband and his family members being not satisfied with the dowry given at the time of marriage, taunted her when she reached her matrimonial home. It is alleged that the respondent never visited her parental home to take her back. The petitioner has since attained majority and is willing to restitute the relation with the respondent. The respondent filed a petition under Section 9 of the Hindu Marriage Act and the same was dismissed as withdrawn on 21.7.2011. The respondent deserted the petitioner since 29.4.2008, without any reasonable cause and excuse.

(3.) The respondent contended in his written statement that the date of birth of petitioner was not disclosed before the marriage. The petitioner herself refused to restitute the relation with him. The father of the petitioner had not made any efforts. In fact, the petitioner lived for one night in her matrimonial home. The next day, she proceeded to her parental home and never came back to accompany the respondent. The respondent waited for about 3 months for the arrival of the petitioner to the matrimonial home and thereafter proceeded to the parental home of his wife, but she refused to accompany him. Several efforts made by him to restitute the relation proved futile.