PRABHJOT KAUR Vs. MANJIT SINGH

JUDGEMENT

(1.) THIS is wife's appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act ).

(2.) PARTIES were married way back on 11. 3. 1978 and out of this wedlock, one son was born in July, 1979. Husband filed this divorce petition on 12. 2. 1986 on the ground that the appellant went to her parental home before the birth of this child and since then she has not resumed cohabitation with him. In May, 1979 the respondent went abroad with a view to settle there, but he came back in April, 1980. During this period, he wrote many letters to his wife, but she replied to few of them. After coming back to India, he went to Haridwar, at her parental home and asked her to join him in her matrimonial home at Rajpura. But she declined on one count or the other. He took Panchayat also but that too proved abortive. She threatened him that either she would commit suicide or would commithis murder or aflame his house and get him involved in some criminal case. He sent several letters and notices also to her but she has totally declined to come back to him. Thereby, she has treated him cruelly and has deserted him since 1979. He prayed for the decree of divorce on the ground of her cruelty and desertion.

(3.) IN October, 1980 she went with him to Rajpura and lived with him for three months. During this period, he maltreated her. He used to come back late in the night under the influence of liquor and on her protest she was always beaten by him. Ultimately, she was sent alongwith his elder brother to village Nanglan and, thereafter, respondent never came to take her back. After about 45 days, she was taken to Rajpura by her mother but the respondent did not allow her to stay with him. Not only she but her relations and friends also made several efforts to rehabilitate her but the respondent always declined. All her attempts of reconciliation were thwarted by him. She is still ready and willing to join him unconditionally.