SMT. SUNITA ALIAS DEVKANYA Vs. RAJESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the wife, against the judgment and decree of the learned District Judge Bhilwara, dated 1.6.2002, passing the decree, and thereby dissolving the marriage of the parties. The appeal was filed on 20.7.2002, which was reported by the registry to be time barred, however vide order dated 6.8.2004 the delay in filing the appeal was condoned, at the same time the record was requisitioned, and the matter was ordered to he listed for final disposal immediately after receipt of the record. Of course. earlier notice of the application under Sec. 5 of the Limitation Act was ordered to be issued but nobody had appeared, and no fresh notice of the appeal was ordered to be issued to the respondent. However, the matter went on being adjourned for one reason, or the other, and in that process, when it was listed on 18.1.2005, Mr. Rajpurohit appeared on behalf of the respondent, and the learned counsel submitted to be appearing for the respondent, and was ready to argue the matter for final disposal at this stage itself. However, for reasons mentioned in the order dated 18.1.2005, it was adjourned for today, and that is how the matter comes up today for final disposal.

(2.) I have heard learned counsel for the parties, and have perused the record.

(3.) The respondent had filed a petition for dissolution of marriage on 19.4.1997, alleging interalia, that the parties were married on 13.11.1994 according to Hindu rites, thereafter the wife remained in matrimonial home for around 15 days, thereafter left for parental house with her father, and since then has never returned, despite the petitioner, and his father having gone to fetch her for about 11 times, but then they were misbehaved with. Thereafter on 8.12.1996 a written communication was sent, which too to no good. Then on 25.1.1997 and 15.3.1997 registered notices were also sent, which were returned with the remark of refusal. Not only this, even on the occasion of death of the husband's grand father, the wife did not come, despite the fact having been notified to them. With these allegations, it was pleaded, that the wife has deserted the matrimonial home without any reasonable cause, and such desertion is working mental cruelty on the husband. With these averments the marriage was sought to be dissolved.