CHANDER PRABHA Vs. CHANDER MOHAN BALUJA

JUDGEMENT

(1.) This appeal has been sled against the judgment and decree of the Additional District Judge, Jullundur, dated January 4, 1979 whereby the marriage between the parties was dissolved by a decree of divorce at the instance of Chander Mohan, husband.

(2.) Briefly, the facts are that the parties were married on November 17, 1974 at Jullundur. After the marriage, they lived and cohabited at that place. On May 19, 1975, Smt. Chander Prabha respondent, left the house of the petitioner and went to her parents' house. It is alleged by the petitioner that while leaving his house, she also took away all the jewellery and, other articles with her. It is further alleged that thereafter the petitioner filed a petition for restitution of conjugal rights on January 2, 1976 which, was contested by the respondent. The petition was ultimately withdrawn by him in the middle of October, 1977. Thereafter, he filed the present petition for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act on the ground that the respondent had deserted the petitioner without sufficient reasons. The petition was contested by the respondent inter alia on the ground that she was maltreated by the petitioner and that he was always complaining that inadequate dowry had been given by her parents. She further said that in fact she was turned out of the house by the petitioner himself. She further pleaded that she was ready and willing to go to the petitioner's house. On the pleadings of the parties, the Court framed the following issues:

(3.) The main question that arises for determination is as to whether the respondent wife deserted the petitioner without sufficient reasons. The main contention of the learned counsel for the appellant is that the appellant did not leave the petitioner with an intention to desert him for ever. He submits that she was maltreated by him and, therefore, she had to leave the house According to him, the appellant was ready and willing to go to the petitioner.