Honble MOHAPATRA, J.–These appeals, filed by the husband of the respondent are directed against the judgment of the Division Bench of the High Court of Andhra Pradesh in AAO Nos. 365 and 718/91, in which the High Court allowed the appeal filed by the wife and dismissed the appeal filed by the husband and set aside the judgment passed by the Subordinate Judge, Narsapur.

(2). The appellant Adhyatma Bhattar Alwar, and the respondent Adhyatma Bhattar Sri Devi were married on 22.08.1978 in Nalamvari Choultry at Rajahmundry. The couple stayed together in village Palacole where the parents of the husband reside. A female child was born to them on 12.12.1979, whereafter they separated. The wife and daughter lived with her parents at Rajhmundry, while the husband continued to stay with his parents at Palacole. The husband filed a petition for dissolving the marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act) praying for a decree of divorce on the ground stated in sub-clause (ib) of Sub-section 1. In the petition it was alleged, inter alia, that the father of the respondent - wife had taken her to Rajahmundry for delivery and also stating that her mother was not well. After birth of the child, since the respondent did not return to Palacole, the appellant, his father and other relations made attempts to persuade the respondents father to send his daughter to Palacole. The attempts did not bear fruit as the respondent was insistent t at the appellant should live separately from his parents in a separate house. Since the condition was not acceptable to the appellant,she refused to join him at Palacole. On 23.05.1981 the appellant went to Rajahmundry to bring the respondent but she was not sent and the appellant was informed that.the respondent would be sent only after he got a job. It is relevant to state here that at the time of marriage, the appellant had graduated in Commerce (B. Corn.); subsequently,he completed M,A. in Hindi, but he was without a job. Since all attempts to persuade the respondent to come and live with him failed, the appellant filed the petition on 21.02.1984 for divorce on the ground of desertion by the wife for a period of more than two years.

(3). Contesting the application for divorce, the respondent repudiated the allegations made by the appellant that she had voluntarily left her matrimonial home for staying with her parents. While admitting that she had gone to her parental home for birth of the child whereafter she had returned to her father-in- laws house where she faced a very embarrassing situation as her father-in-law made indecent advances towards her and her complaints to her husband about such incidents went unheeded. She also averred that her husband appeared to be a silent spectator to such incidents and did not even raise any protest against his fathers behaviour towards his daughter-in-law. In the circumstances, the respondent pleaded that she had every justification to insist on her husband having a separate residence. It was further alleged by her that in the month of August, 1980 her father-in-law had made repeated attempts at molesting her and when she vehemently protested against such behaviour she got a severe beating from him. She also complained that her husband was ill-treating and assaulting her, believing the false stories and backbitings of his mother. She contended that it was she who was deserted by her husband and not vice-versa.

(4). Both parties led oral and documentary evidence before the Trial Court. The learned Subordinate Judge in the Judgment dated 8.12.1989 held that the appellant had satisfactorily proved that the respondent was guilty of having deserted him for a continuous period of more than two years preceding the filing of the petition for divorce arid that he was entitled to a decree for judicial separation under Section 10 of the Act instead of a decree for dissolution of marriage under Section 13(1)(ib) of the Act. Accordingly

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