KAMLA DEVI Vs. KRISHAN KUMAR

JUDGEMENT

(1.) A petition filed by Krishan Kumar, for dissolution of his marriage with Mst. Kamla Devi, was allowed by the learned Trial Court which granted a decree of divorce. The FAO against that order was initially disposed of as infructuous by the Lok Adalat, vide order dated 23.2.2000 (Annexure P-4) on account of death of the husband. However, that order came to be reviewed by another Bench of the Lok Adalat which observed that the matter has to be disposed of by this Court on the judicial side.

(2.) THE appellant-wife and her husband Krishan Kumar shall hereinafter be referred to as the appellant and the respondent respectively. The second wife would be referred to as Mst. Usha Devi. The marriage between the parties was otherwise performed on 5.2.1967. The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") on a pure and simple plea that the appellant stayed at the matrimonial house for a period of 4-5 days and, thereafter, left the matrimonial house for her parental house. She did not turn up thereafter. The appellant was otherwise doing job and was posted at a place different from the place of posting of the appellant. The appellant did not make any attempt to get herself transferred to the place of posting of the respondent who could not shift over to her place of posting as he had aged parents to look after. Even when the respondent got a promotion and got himself transferred to Moga (which was the nearest to Fazilka i.e. place of posting of the appellant), she did not join the matrimonial company.

(3.) THE trial proceeded on the following issues :-