SHASHI KALA Vs. PRAVESH CHAND ANGRA

JUDGEMENT

(1.) The appellant was married to respondent herein on 7.12.1994 according to Hindu Rites and out of their wedlock, a female child Sujata was born on 31.12.1995. At the time of marriage appellant was serving as Angan Wadi Worker in her parental village Mahadev Tehsil Sundernagar. The respondent was earning his livelihood at that time as daily wager at Anandpur Sahib at Ropar. In the year 1998 respondent got a job Whether Reporters of Local Papers may be allowed to see the judgment? Yes in Government Senior Secondary School, Saloh. In the year 2001, respondent was appointed as a lecturer on contract basis in Government Senior Secondary School, Sari Malog in District Kangra. During this period appellant was continuing as Angan Wadi worker in VPO Mahadev.

(2.) In the year 2007, respondent-husband filed a petition under Section 13 of the Hindu Marriage Act, 1953 for dissolution of marriage by a decree for divorce before the learned District Judge, Una stating therein that appellant herein after marriage stayed with him for a week in her matrimonial house and thereafter, left for Mahadev (parental house) for continuing her service as Angan Wadi worker and thereafter appellant visited her in-laws house twice or thrice but for a very short period of 2/3 days and she avoided the company of petitioner on one pretext or other and never intended to accompany the petitioner in her matrimonial house or his place of posting by making excuse of her employment as Angan Wadi worker in her parental village.

(3.) It is further stated in petition that in the year 1998 after joining in Government Senior Secondary School, Saloh as lecturer on contract basis, he, as desired by appellant, shifted his residence from his native village Panjawar to Una town in the house of maternal grandfather of appellant by shifting the dowry articles like furniture, utensils, dresses and gift items etc. and since then all articles were lying there in the custody of appellant and on his request to the appellant to accompany him, appellant did not join him but she and her mother wanted to keep him as Ghar Jawai, whereas, he was not in a position to accede to their desire as he had to lookafter his widowed mother at native place Panjawar. It is also averred that after getting job on contract basis in Government Senior Secondary School, Sari Malog in District Kangra in the month of September, 2001, appellant was again requested to join the company of respondent, but she was unwilling to perform matrimonial relations with the respondent and after last week of January, 2002, she never joined respondent and since then they are living separately.