BHAVENESH KUMAR Vs. SHUSHMA SHARMA

JUDGEMENT

(1.) This is husband's appeal against the dismissal of his divorce petition.

(2.) Admittedly, the appellant-husband was married to respondent-wife on 30.10.1983., After marriage for some time, they lived together in Sector 23, Chandigarh. At the. time of marriage, the appellant-husband was working in Forensic Science Laboratory. Punjab, Chandigarh, while respondent-wife was working as Lower Division Clerk with M/s. Salal Hydro Project at Jyoti Puram in Jarnmu and Kashmir In 1985 the appellant-husband filed an application under Section 9 of the Hindu Marriage Act, 1955 (in short the 'Act') for restitution of conjugal rights which was decided ex parte on 29.4.1986 in his favour. Thereafter for some time they lived together, but since 8.8.1988 they are living separately. The appellant-husband filed a divorce petition under Section 13 of the Act on 10.1.1989 on the ground of cruelty and desertion. This petition was contested by the respondent-wife. On the basis of evidence adduced by the parties therein, the Additional District Judge, Chandigarh, dismissed the divorce petition on 2.2.1991.

(3.) On 10.10.1991 the appellant-husband filed another divorce petition under Section 13 of the Act on the ground of desertion. In this petition, he alleged that after marriage for 20 days respondent-wife lived with him in his house at Chandigarh. As before marriage she was working as Lower Division Clerk in Jyotipuram, she went back to Jammu and Kashmir and did not return to the matrimonial home. Despite decree passed under Section 9 of the Act in his favour, the wife did not join him in nuptial home. He also alleged that he has come to know that the respondent is staying with one Surjit Singh Rana, who claims to be a 'Dharambhai' of her father, but wife of Surjit Singh Rana asserts that the respondent and her husband, Shri Surjit Singh Rana, are having illicit relations with each other. He also aver that he asked the respondent to leave her job and start living with him, but she has wilfully chosen to live separately from him. Thus, she has deserted him for a continuous period of more than two years without any just cause.