LACHMAN DASS JUNEJA Vs. KAMLESH KUMARI

JUDGEMENT

(1.) This appeal has been filed by Dr. Lachhman Dass Juneja, husband against the judgment & decree of the learned district Judge, Ambala, dated 11th Dec., 1984, dismissing his petition under Section 13 of the Hindu Marriage Act.

(2.) Briefly the facts are that the parties were married at Delhi on 21st June, 1977. The wife gave birth to a daughter on 27th October, 1977. The parties lived together at Delhi till the beginning of 1980. The husband thereafter shifted to Raipur Rani, his village, and started a clinic at Naraingarh about 16 k m. away from Raipur Rani. It is alleged by the husband that the wife was asked by him to lead martial life but his advise had no effect on her. She came at Raipur Rani subsequently and stayed with him for about a month. Later she went back with her brother to Delhi on the pretext that her father was not keeping fit and her presence was required there. Thereafter she did not come to Raipur Rani in spite of best efforts on his part. It is further pleaded that she made a false allegation against his brother-in-law (sister's husband) that he tried to outrage her modesty. It is further averred by the husband that she was carrying on with her brother-in-law (sister's husband). Consequently he prayed that the divorce be granted to him on the aforesaid grounds.

(3.) The wife contested the petition and controverted the allegations of her husband. She inter alia pleaded that she was ready and willing to live with him and she never deserted him. On the other hand her husband had deserted her. She denied the allegation that she was carrying on with her brother-in-law. She further reiterated that his brother-in-law tried to outrage her modesty. Regarding the birth of th child after a period of about four months from the date of marriage she stated that she had developed martial relation with her husband (appellant) even before their marriage; as he was living in the house of her father along with his brother who was a tenant and the child was from his loins. She also pleaded that she never visited Raipur Rani and consequently the Court at Ambala had no jurisdiction to try the petition.