HARJEET KAUR Vs. BHUPENDER SINGH

JUDGEMENT

(1.) THE wife has filed this appeal against the judgment and decree dated 1-5-2000 passed the learned District Judge, shimla in H. M. A. C. No. 6-S/3 of 1997 dissolving the marriage of the parties by a decree of divorce on the ground of desertion. The parties in the judgment are referred in the same manner as in the impugned judgment and decree.

(2.) THE facts disclosed in the petition filed by husband are that marriage between the parties was solemnized on 7-4-1985 according to rites and customs of Sikhs at Ambala. The parties initially cohabited at Paonta sahib and then at Jutogh, Shimla where the petitioner was posted. The behaviour of the respondent towards petitioner was rude and cruel from the very beginning. She would pick up quarrel over petty matters. She never attended to the friends and relatives of the petitioner whenever they visited his place. The attitude of the respondent towards mother, sisters and other members of petitioner's father's family was also not good. She used to pick up quarrel with them. She always insisted to live separately. The petitioner being the eldest member of his father's family could not afford to live separately. This annoyed the respondent.

(3.) THE respondent was in the habit of visiting her parents at Ambala after every 15-20- days. She would insist the petitioner to accompany her and when he expressed his inability to meet this unreasonable demand she turned furious and created tension. She always taunted and harassed the petitioner and often proclaimed that she did" not like his looks. A daughter was born front the wedlock on 24-12-1986 at Ambala at the parental house of the respondent. After birth of the child she returned to Jutogh in March 1987 but in July 1987 she left the matrimonial home. During her short stay from March 1987 to July 1987 at Jutogh she created disharmony and friction in the matrimonial home. She was requested many times to return to Shimla. On Persuasion she came in December 1987 but again left for Ambala in March 1988. On the request of the petitioner and his family members she came back in April 1988 and soon started humiliating and nagging the petitioner. She insisted to go back to her parents' place in ambala but the petitioner did not agree to this. The respondent by making her own arrangement left the house of the petitioner in September 1988 and since then she is living at Ambala.