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1999 Supreme(Raj) 175

Rajasthan High Court, Jaipur Bench
Honble SHIVARAJ V. PATIL, CJ. & GYAN SUDHA MISRA, J.
Smt. Shimla Devi - Appellant
Versus
Kuldeep Sharma - Respondents
D.B. Civil Misc. Appeal No. 1158 of 1996
Decided On : March 10, 1999

Advocates Appeared:
Narendra Mishra, for Appellant N.K. Maloo, for Respondent

Headnote:Hindu Marriage Act, 1955, Sec. 13(1)(i-b) – Decree of divorce on the ground of desertion by wife – Mal- adjustment resulting into martial dis-harmony – Mal- adjustment ultimately culminate to a point where the wife lost the will to live with her husband and she appears to be lacking in the courage to dissolve the marriage – She neither wants to live with her husband nor she accept a decree of divorce – Even in absence of strict legal proof on the question of desertion and cruelty, on the basis of facts and findings recorded by Family Court, this Court do not find any scope of interference with the judgment and decree. (Para 6)

       

Honble MISRA, J.–The appellant-Smt. Shimla Devi is the wife of the respondent Shri Kuldeep Sharma, who has challenged the judgment & decree dated 16.11.96 of the learned Judge of the Family Court, Jaipur by which the marriage between the appellant and the respondent has been dissolved and hence a decree of divorce has been passed after recording a finding that the respondent-husband has succeeded in proving his case of desertion alleged by him against the appellant-wife.

(2). The marriage between the parties was performed on 12th June, 1987 according to the Hindu Rites at Karauli District Sawaimadhopur and thereafter the appellant wife came to Jaipur alongwith her husband but on 12th June, 1987 the brother of the appellant and some other relatives came to take her back an on 19th June, 1987 she went to her parents place and again on 23.8.87 she came to her husbands place, where she lived till 10.9.87 and thereafter went back to Karauli.

(3). On 18.10.93 the respondent-husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 in the Family Court at Jaipur seeking a decree of divo- rce on the ground of desertion and therefore has given a detailed account of his marital life alleging that his wife/appellant-herein, is under the influence of her foster parents Shri Tejbhan Chouhan and Smt. Premlata Chouhan. The respondent-husband is the only son of his parents and has four sisters and thus, he has lot of family responsibilities. He alleged that his wife Shimla Devi after marriage kept on nagging him that she would not live with her parents and sisters and she kept on pesterins him daily to take her for outings in the evening and during the day time she insisted that she be kept at her fostergrand-mothers place and while coming back from office pick her up from there. The respondent-husband has further alleged that the appellant is an aggressive and a cantankerous woman. She ridicu- led and misbehaved with her parents and often insulted them. The appellant is also accused of shirking from the house-hold chores and whenever his mother cooked food and did cleaning of the house, she picked up faults in it which created great mental tension to the respondent-husband. He has further alleged that on 27.8.1987 the wife threatened that she would teach him a lesson and that she was there only for 5-10 days. She thereafter, left from 29.8.88 at her in-laws place at Jaipur, but there was no improvement in her behaviour and on 10.10.88 she threatened that she would return only when the husband made separate arrangements by arranging a separate house for her. The respondent states that due to her insistence, he arranged for a separate kitchen from her parents in the same house and she also started cooking separately with which the respondent-husband was quite up-set and only when he made this arrangement on 25.8.89 that the wife returned to her in-laws place. He has further narrated the previous history that from 16.9.89 to 11.10.89 they went on a tour to South-India and there also the wife did not listen to him and insulted him on one pretext or the other, with which he was greatly hurt and on 13.10.89 at 10O clock in the morning she started quarreling with him for repair of the Mixer-Grinder and thereafter, went to her foster grand-mothers house where she went to persuade him to come back where she caught hold of his coller and abused her ferociously with which he was again mentally up-set. From 15.10.89 to 4.6.91 the appellant-wife lived at her parents place at Karauli. During this period the respondent himself went there to bring her back, but she flatly refused and said that she does not want to live with her. Thereafter, he received a letter from karauli on 10.11.89 that his wife suffered an abortion and according to the respondent- husband. However, she came to Jaipur on 5.6.91 with great difficulty just for a day to attend his sisters wedding on 6.6.91 and thereafter, insisted to come back to Karauli and put a condition th








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