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1977 Supreme(Del) 91

RAJINDAR SACHAR
NIRMALA – Appellant
Versus
VASDEV PARDASANI – Respondent


Advocates Appeared:
B.D.SHARMA, R.P.SHARMA

Rajindar Sachar

( 1 ) (PARTIES were married on 14. 11. 60 and lived togather for a month. Wife returned in Oct. , ,61 and again left in May, 62. Then she returned after 7 years in 1969 and stayed for 2 years and left again in Nov. , 71 and never returned thereafter. Husband sued her and trial Court upheld his plea of desertion for more than 2 years. Wife appealed to High Court.) The judgment, para 8 onwards is :

( 2 ) THERE is no evidence to show that there was anything in the conduct of the husband which prevented her from joining the matrimonial home. There is no suggestion by her that it was any other apprehension which prevented her from going back to her husband s home. The only reason given was that it was a matter of prestige because husband did not come to take her back. In this connection one should bear in mind that the husband had gone in 1961 and 1969 to bring back the wife; it cannot be thus said that the husband had deliberately made it a point not to bring her back. Evidently this time he felt that if she wanted to make the matrimonial home run she should come back, because it was not at his instance that she had gone away. It is in this context that the long absence f



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