V.B. Gupta, J.

1. This appeal has been filed by appellant under Section 28 of Hindu Marriage Act, 1955 (for short as Act) against the judgment and decree dated 7th November, 2007 passed by Shri Gurdeep Singh, Additional District Sessions Judge, Delhi, vide which the Trial Court has allowed the respondents petition in his favour and against the appellant.

2. Aggrieved with the impugned judgment, the appellant-wife has filed the present appeal.

3. The brief facts of this case are that parties to the appeal were married on 19th November, 1956 according to the Hindu Rites and ceremonies. Respondent who had joined the Indian Police Services in 1953 was posted at Jodhpur at the time of marriage as Superintendent of Police. The respondent was the only son of his parents and his mother was ailing with high blood pressure and needed care and attention of the parties.

4. The appellant since the inception of marriage did not show any inclination to remain with the respondent in the matrimonial home and in early 1957, appellant left the matrimonial house of the respondent at Jodhpur without any reasonable cause and without consent and against the will of the respondent. The appellant was rude, obstinate and insolent.

5. The job of the respondent was transferrable and in the year 1957 he was transferred from Jodhpur to Jaisalmer. The appellant was persuaded to join the matrimonial home and live with the respondent at Jaisalmer. By September 1957, the respondent was transferred to Tonk where he lived along with appellant for about six months.

6. In April 1958, the appellant again left the house of the respondent with the intention to put an end to the matrimonial status though she had not any cause at all to leave the house. The appellants parents belonged to Delhi where she was brought up and educated and she could not set her mind to live with the respondent in smaller town like Jaisalmer and Tonk. In spite of efforts made by the respondents relatives and friends, the appellant did not return to the matrimonial home.

.7. In 1961, the respondent filed a petition under Section 9 of the Act for judicial separation and the proceedings went on for a considerable time. In 1963, the

.respondent was transferred to Delhi on deputation. There also the appellant did not return to respondents home. The respondent met with a serious accident in August 1965 and was hospitalized at Delhi but the respondent did not bother to return to the respondent. However in 1967, when the appellant expressed her desire to return to the respondents house the court proceedings ended with a compromise decree on 9th September, 1967.

8. After compromise, the parties lived in Delhi in Government house, as husband and wife. In October, 1967, the respondent had to move from Delhi to Bhopal, the appellant did not accompany him to Bhopal and stayed at Delhi as respondent had some time to settle down in his posting at Bhopal. The appellant was advised by respondents parents to go to Jodhpur till the respondent settles down at Bhopal. The respondent after settling down in Bhopal came to Jodhpur to fetch the appellant but found that she was living at the house of her maternal uncle Sh. K.K. Abhichandani and she declined to go to Bhopal with respondent on the plea that she was getting a good job. Thereafter, appellant got a job as teacher in High School and after some time she got the job of lecturer in Teacher Training College at Jodhpur. The appellant has since retired as lecturer from the said college and has shifted to Delhi and is living in her home. During her stay and service at Jodhpur, the appellant acquired and purchased house in Jodhpur and has also acquired residential plot.

9. In September, 1969, the respondent was posted at Delhi in Ministry of Home Affairs and remained in Delhi till 1971. Between 1971 to February 1977, the appellant was posted at different places on deputation in India. In February, 1977, the respondent was transferred and posted to Jodhpur