RAJINDER KUMAR BATTA Vs. KANTA KUMARI

JUDGEMENT

(1.) This is husband-petitioner's appeal against the judgment dated May 4, 1978 of the Additional District Judge, Chandigarh whereby he dismissed his petition under Section 13(1)(ib) of the Hindu Marriage Act, claiming divorce on the ground of desertion.

(2.) The appellant-husband (hereinafter referred to as the petitioner) is a doctor and so is the respondent- wife. Admittedly, they entered into matrimonial alliance on November 26, 1972 at Moga. The petitioner was in Haryana Government service and the respondent joined him at his place of posting. She was herself temporarily employed in the Haryana Government service as a doctor at the two places of posting of the petitioner. When the petitioner was posted at Multana in district Ambala. she admittedly conceived of a child. Thereafter the petitioner was posted to a dispensary at village Bapoli in district Karnal. This place of posting admittedly was not considered suitable for the respondent to live. Therefore, she was sent to live by the petitioner with his parents in Chandigarh. At Post Graduate Institute of Medical Science and Education, Chandigarh. At Post Graduate institute of Medical Science and Education, Chandigarh. she was delivered of a female child on September 26, 1974. Admittedly on January 19, 1975 petitioner's brother's marriage took place in Chandigarh which was attended by him as also by her. The parties, however, differ in their stand with regard to the places of residence of the respondent in between September 26, 1974 and January 19, 1975, While the respondent's case is that after delivery of the child, she had joined the petitioner at the place of his posting, the petitioner- husband's case is that she never joined him as she continued to reside at Chandigarh itself with his parents till January 22, 1975. It is also not in dispute that on January 22, 1975, she left Chandigarh for Moga where her parents resided and had since been residing with them till the filling of the present petition on February 2,1977. Again the parties differ in regard to the circumstances in which she left Chandigarh on January 22, 1975. While according to the respondent, she had been forced out of the house by her in-laws; according to the petitioner she had left Chandigarh of the aforesaid date without his consent on order to desert him carrying with her Jewellery and Rs, 3,000 in cash, etc. The respondent-wife alleged that the petitioner left Chandigarh for hos place of his posting earlier to her on January 22, 1975 and that the petitioner's parents had taunted her regarding dowry. They asked her to bring refrigerator etc, and more dowry. Petitioner's parents having received a huge dowry in the marriage of his younger brother which took place on January 19, 1975, left sore in not having received a similar dowry from her.

(3.) After a few months of her living with her parents, she took up some temporary job in local Government dispensary. It is also not in dispute, that after she had left Chandigarh and before the petition was filed, the petitioner had been writing to her frequently and also visiting her at Moga.