KAILASH CHANDRA Vs. SMT. LAXMI

JUDGEMENT

(1.) The appellant presented a petition seeking divorce on ground of desertion for a period of two years preceding the date of presentation of the petition without reasonable cause by the wife as well as cruelty. The petition was filed on 20th October, 2010.

(2.) It was pleaded that the marriage between the couple was solemnized as per Hindu customs on 18.6.1998. Each year the respondent would visit her parents and stayed with them for upto a month. Her endeavour was to live with her parents rather than the appellant. In December, 2004 she left for her parental house taking with her the jewellery. Attempts made towards reconciliation failed. On 24.5.2009 the appellant sent a notice to the respondent through a lawyer requiring her to join consortium. Inspite of service she did not join back. During reconciliation the respondent would threaten to commit suicide if she was forced to join the appellant. The allegation of threatening to commit suicide was by way of mental cruelty committed by the respondent against the appellant.

(3.) In the written statement filed the respondent denied the assertions and pleaded that the cause for her to leave the matrimonial house was she being troubled on account of bringing inadequate dowry. She pleaded that she was physically beaten for not bringing dowry. A preliminary objection concerning territorial jurisdiction of the Court was also pleaded. The respondent desired an alimony to be fixed in her favour.