SHANTI DEVI Vs. PANKAJ

JUDGEMENT

(1.) These two appeals under Section 28 of the Hindu Marriage Act, 1955 (for short, hereinafter referred to as 'the Act of 1955') are directed against the judgment and decree dated 7th of May 1998 under Section 13 of the Act of 1955 and order dated 20.08.1999 under Section 25(1) of the Act of 1955 passed by the learned Addl. District Judge No.1, Bikaner, involving matrimonial dispute between the rival parties and therefore both are heard together and disposed of by this common judgment.

(2.) Apposite facts necessary for both these appeals are that appellant-wife and respondent-husband entered into matrimony as per Hindu rites and rituals at Jaipur on 21st of February 1987. As per version of the respondent, soon after marriage, the appellant adopted a defiant posture and refused to carry out her obligations as a wife.

(3.) Despite altruistic behaviour of the respondent husband, the appellant did not mend her ways and for trifle things used to quarrel with the respondent and his family members. The respondent has also inter-alia averred in the petition for annulment of marriage that the appellant developed a practice of leaving matrimonial home after short duration periodically without any rhyme and reason. This practice continued up to 5th of December 1987 when she left perpetually matrimonial home during advance stage of her pregnancy. Appalled by this action of the appellant, the respondent laid a petition for restitution of conjugal rights before learned Family Court, Jaipur but all his efforts went in vain and the appellant refused to return back to the matrimonial home for resuming cohabitation. In the petition for divorce, the respondent pleaded that the appellant committed mental and physical cruelty vis- -vis him and despite his readiness and willingness to keep her with him, she refused to carry out her matrimonial obligations by withdrawing from his society. With these pleas of cruelty and desertion, the respondent prayed for a decree for divorce from the appellant.