SHANTI DEVI Vs. GOVIND SINGH

JUDGEMENT

(1.) This appeal has been preferred by Smt. Shanti Devi, who will hereinafter be referred to as "the wife", against the decree and judgment passed by the Additional District Judge No. 2, Jodhpur dated 29-8-1980 for dissolution of marriage under Section 13 Hindu Marriage Act, 1955 (hereinafter referred as "the Act"), on the ground of desertion.

(2.) The petitioner Govind Singh, who will hereinafter be referred to as "the husband", filed a petition under Section 13 (1) of the Act before the learned District Judge seeking a decree for dissolution of marriage by divorce against the wife on the ground of desertion and cruelty. It was alleged by the husband in his petition that the marriage between the parties was solemnised in January, 1964 according to Hindu rites in Jodhpur and after about four years, in June 1968, the wife went to the husband's house according to the custom prevalent in the community, on the performance of 'gona' or 'Muklawa'. Thereafter the parlies lived together in the husband's house. In August 1969, the wife's father took her away from village Palasani, where the family of the husband, resides, on the alleged ground that there was some marriage among their near relatives and promised to send her back to the matrimonial home soon thereafter. But according to the husband, the wife never returned to the matrimonial home after August 1969 and she is residing since then in her parents' house against the wishes of the husband and without his consent.

(3.) A ground of cruelty was also taken in the petition on the basis that the wife used to quarrel on every small matter. However, the allegation of cruelty has not been found proved by the trial court and as such it is not necessary for me to enter into the question of cruelty in this appeal.