REKHA DEVI Vs. BINOD KUMAR SHARMA

JUDGEMENT

(1.) Heard both the parties.

(2.) This Miscellaneous Appeal has been filed against the judgment dtd. 19/12/2013 and decree dtd. 7/1/2014 passed by the learned Principal Judge, Family Court, Rohtas at Sasaram in Matrimonial Case No. 28 of 2007 whereby and whereunder the learned Family Court allowed the decree of divorce in favour of the respondent.

(3.) The brief facts of the case is that the appellant- wife married to the respondent-husband in the year 1997 as per Hindu rites and rituals and from their wedlock they are blessed with two children namely, Anjani Kumari and Anshu Kumar, who were born on 16/7/1998 and 23/12/2000 respectively. Soon after their marriage the appellant-wife asked the respondent-husband to live separately from his parents and on avoidance of the same by the respondent, the behaviour of the appellant gradually changed towards respondent-husband and his family members. In furtherance, the appellant-wife left her matrimonial home on 9/4/2002 and went to her parental home and never returned to her matrimonial home. On 2/9/2002 the respondent-husband requested via notice to return to her sasural along with children within 10 days from the date of receipt of the notice which was ignored by the appellant and not turn up to her matrimonial home. Such ignorance and behaviour of appellant-wife towards respondent-husband caused mental cruelty to the petitioner. The respondent-husband filed Matrimonial Case No. 28 of 2007 for divorce mainly on the ground of desertion stating that the appellant-wife had deserted him for a continuous period of more than two years without any proper reason, cause or consent of the respondent-husband.