TARA Vs. KAPILMUNI

JUDGEMENT

(1.) THIS is Hindu wife's appeal against the judgment and decree of the learned District Judge, Bikaner dated September 24, 1983, by which the marriage between the parties was dissolved by a decree of divorce. The appellant will be referred to as the wife here in after while the respondent as the husband.

(2.) THE husband presented an application under Section 13 of the Hindu Marriage Act, 1955 (for brevity 'the Act') against the wife in the court below on August 25, 1981 for the dissolution of marriage. The case set -up by him is that the parties are Hindus and the marriage between them was solemnized on May 1, 1969 in the city of Bikaner in accordance with the traditional rites and ceremonies. The wife, after marriage lived with the husband for some years. However,on October 25, 1974, she left his house and went to live with her parents. The husband made persistent efforts to pursuade her to come to live with him but the attempt proved abortive. The wife declined to live any more with the husband. It was alleged that the wife has, thus, deserted him without reasonable and sufficient cause. The husband has two daughters from his first wife. They were ill -treated by the appellant so long as she lived with him in his house. The wife did not treat his mother and daughters with kindness and at times used physical violence against them. The wife was said as living in adultery, but no particulars of adultery were alleged. The dissolution of marriage was, thus sought on two grounds, viz. (1) willful desertion without reasonable and probable cause and (2) cruelty. The application was resisted by the wife. The marriage was admitted, but the grounds of desertion and cruelty were categorically refuted. According to her she had to leave the husband's roof and had to seek shelter with her parents on account of the ill -treatment met out to her by the husband. The learned District Judge framed the following issues:

(3.) SIREE it was held that the wife had wilfully deserted the husband, the marriage between the parties was dissolved by a decree of divorce. Aggrieved against the said judgment and decree, the wife has come -up in appeal.