SUMAN NAHAR Vs. ABHAY KUMAR NAHAR

JUDGEMENT

(1.) This appeal under Section 19 of the Family Court has been filed against the judgment of the Judge Family Court, Jaipur dated 6.9.1991. Shri Kaushik, learned Counsel for the appellant had raised only one objection that the petition for divorce, which was filed on 29th August, 1988 under Section 13(1)(b) of the Hindu Marriage Act, 1955 is not maintainable before the expiry of two years from the date of desertion.

(2.) Brief facts giving rise to the present appeal are that the marriage of Smt. Suman Nahar and Abhay Kumar was solemnized on 7th May, 1985. An application under Section 13(1)(b) of the Hindu Marriage Act was filed by Shri Abhay Kumar Nahar on 29th August, 1988 on the ground of desertion. In the said petition, it has been stated by the respondent that the appellant lived with him till 10th June, 1986 at Jaipur and at that time she was pRegulation nt. At her insistence, the respondent had taken the appellant to her parental house at Kekari on 10th June, 1986. It has further been stated that thereafter the respondent has gone to Kekari and has taken care of the appellant by showing her to the doctors. A male child was born on 3.10.1986 of which it has been alleged that no intimation was given and thereafter the respondent went to take the appellant and the son, but she refused to come. The father, elder brother and brother-in-law and other relatives also went to Kekari to bring the appellant to Jaipur, but she refused to come. It is alleged that a letter was written on 15th April, 1987 under U.P.C., but no reply was given by the appellant and, therefore, a notice by registered A.D. was sent on 8th May, 1987, the reply of which was sent on 16th May, 1987. According to the respondent, the appellant has deserted the respondent since 10th June, 1986 without any reasonable cause and a petition was filed on 24th June, 1987 for restitution of conjugal rights. The said petition was dismissed as not pressed on 14th April, 1988 since the appellant stated that she is not ready to live with the respondent as his wife. It was stated while withdrawing the said petition that the respondent shall take other legal action.

(3.) It has further been submitted in the petition filed by Shri Abhay Kumar before the Family Court that he has made his efforts on 11th May, 1988 and 30th July, 1988, but the appellant was not ready to live with him but has insisted on divorce.