INDERJIT KAUR Vs. SURINDER SINGH

JUDGEMENT

(1.) WIFE has preferred this Letters Patent Appeal against the judgment of the learned Single Judge dated 11.1.1988 whereby allowing the appeal divorce decree granted by the Matrimonial Court is reversed.

(2.) UNCONTROVERTED facts are that marriage between the parties was solemnised on 14.5.1967. In this wedlock, the appellant-wife gave birth to three children. Out of her two surviving children, the elder one is male child born on 15.11.1969; the younger one is female child born on 7.12.1976; the daughter is residing with the mother while the son is residing with father. Parties are residing separately since September/November, 1984.

(3.) HUSBAND denied the assertions made in the divorce petition and inter alia pleaded that at the time of marriage, wife was only higher secondary pass; he encouraged her for higher studies and she passed her J.B.T. examination as Giani. She was appointed a teacher and was getting Rs. 1,500/- to Rs. 1,600/- as pay. He never deprieved her of salary; never took liquor and never beat her. Till 1982 they were living happily. They purchased a house in their joint name. He wanted to reside in the newly purchased house but she refused and preferred to live in the rented house for the reasons best known to her. He left the rented house on 21.11.1984 along with his mother; his son joined him later on. He admitted that he was unemployed.