TEERTH RAM Vs. PARVATI DEVI

JUDGEMENT

(1.) The parties were married in the year 1970 and out of the wedlock after two years of their marriage, first child born was a girl who died after some time and the second male child born in 1977, who is alive. The husband filed a divorce petition on 2-8-1989 on the ground of desertion and cruelty alleging that on 19th Jan., 1978 his wife left the house with her brother as usual but did not return for the 11 years inspite of best efforts made by the husband. The wife pleaded that she was always ready and willing to live with the husband and lived with him for about eight years after her marriage and bore two children but she was not happy to live with the parents of the husband and wanted to live in a separate home. The matter was tried by the learned Additional District Judge, Nohar and by his judgment and decree dated 30/04/1993 the divorce petition was dismissed mainly on the ground that there was unexplained delay in filing the divorce petition. Under issue No. 1 it was also recorded that wife left in January, 1978 and the reason given by her was that she would come back to the husband if he establishes a separate home, was not a good ground for living separately. This is husband's appeal.

(2.) After hearing learned counsel for the parties, we are of the view that it is not a case for granting a decree of divorce.

(3.) One admitted fact, which has not been taken into consideration by the Court below is that the appellant and his brother are married in the same family with two real sisters viz., the respondent before us and her sister. While the brother of the appellant is peacefully living with the sister of the respondent in a separate home in a different town, the appellant is not prepared to leave his parents and live in a separate home with his wife.