UMA Vs. RAMESH SHARMA

JUDGEMENT

(1.) THE petition filed by the respondent husband on the grounds of desertion and cruelty under section 13 of the Hindu Marriage Act,1955 was allowed by learned Family Court No. 1, Jaipur vide judgment and decree dated February 6, 2002. Against this finding that the present action for filing the appeal has been resorted to by the appellant wife.

(2.) AS per the facts stated in the petition, marriage between the appellant wife and respondent husband took place on May 11, 1995. Immediately after the marriage the appellant wife asked the respondent husband to reside separately from his old parents. The respondent was not in a position to fulfill this demand of appellant since he was the only son of his old and infirm parents, therefore the appellant started misbehaving with the respondent. She used to harass and humiliate the respondent and his old parents. The mother of respondent was forced to cook food, clean the house and wash clothes despite her ill health. Many a times the appellant wife left for parental house from the school without informing the respondent. The appellant wife had deprived the respondent husband from his conjugal rights and deserted him. On October 12, 1995 in the evening the appellant wife came to the house of respondent husband and in the garb of Karwa Chauth took all the jewellery and went to the house of her parents. The appellant wife without any justifiable reason refused to live with the respondent husband and she had been living separately since October 12, 1995. The respondent husband had moved application under section 9 of Hindu Marriage Act for restitution of conjugal rights, but the appellant wife did not come to reside with the respondent husband.

(3.) THE respondent husband (Pw. 1) in his deposition stated that he got married with the appellant wife on May 11, 1995. Soon after the marriage the appellant wife compelled the appellant to live separately from his old parents and started misbehaving with him and his parents. She refused to perform the duties of house wife and it was his old mother who used to cook food, clean the house and wash clothes. In September,1995 she on the pretext of sickness of her brother left the house and remained at her parental house. THEreafter on the occasion of Karwa Chauth i. e. on October 12, 1995 she came to the house of respondent, wore marriage base and jewellery and went back to her parental house. She deserted the respondent since October 12, 1995 and did not come back despite filing the application by the husband under section 9 of the Hindu Marriage Act for restitution of conjugal rights. She used to move at public places with her office mate viz. Shyam Yadav.