IMPORTANT POINT
Divorce--Mental cruelty—Continuance long separation of the wife; covered under the definition of mental cruelty.

H.S. Bhalla, J.:- The marriage between the parties went to rocks, which was solemnized on 8.7.1997 as per Hindu rites at village Bidhipur, district Kapurthala. The husband filed a petition under Section 13 of the Hindu Marriage Act for dissolution of the marriage by a decree of divorce and vide order dated 14.9.2006 marriage was dissolved by a decree of divorce. Aggrieved against the passing of the decree, appellant-wife knocked at the door of this court.

2. The other facts required to be noticed for the disposal of this appeal are that the husband filed a petition alleging therein that the marriage between the parties took place on 8.7.1997 and it was a simple marriage. No dowry was demanded nor was given in the said marriage. The respondent-husband is a doctor by profession and was serving in Health Department, Punjab Government at that time. It was agreed that wife will settle in India and live with him at his village Mehsampur, tehsil Nakodar. The appellant-wife left India on 28,29.7.1997 after marriage on the pretext that she will come back on or before 27.8.1997 after collecting her belongings and finishing other matters in America, but after reaching there, she neither wrote any letter nor made any telephone call nor she came back to India to join the company of her husband. It is further pointed out that husband made frequent calls and wrote many letters, but the appellant-wife did not give any encouraging response to him and ultimately she refused to join his company without any reason, which caused mental agony to him. Thereafter, husband filed a divorce petition in the Court of District Judge, Kapurthala, but during the pendency of the case, the well wishers of the family intervened and it was assured that the appellant-wife will come back to India and join the society of the respondent-husband and on that assurance, the petition was withdrawn on 5.10.2000, but to utter surprise of the husband, appellant never came back to India and rather through friends and relations, she offered sponsoring the respondent for immigration to U.S.A., but the Embassy refused to grant Visa to the respondent since he was not sponsored by wife. In order to stop the respondent to file divorce petition again, appellant got a false case registered under Sections 498-A/406/506 and 120-B of the Indian Penal Code at Police Station Sultanpur Lodhi against the respondent and his family members under FIR No. 242 dated 10.12.2001. Thereafter on further investigation, the case was found to have been falsely registered and ultimately, the same was cancelled and in this manner, husband has categorically pleaded that his wife has treated him with cruelty and she has also deserted him without any sufficient cause or reason for the last more than two years.

3. On the other hand, this petition was contested by the appellant-wife and through written statement, she pointed out that this Court has got no jurisdiction to try this case as the parties never resided or cohabited together at village Mehsampur, tehsil Nakodar; that the respondent-husband is barred by his act and conduct to file the present petition since the earlier divorce petition filed by him on the same facts was dismissed. It has been stated on merits that sufficient dowry was given at the time of marriage. In fact, an amount of Rs.6 lacs was spent on her marriage. She further disclosed that at the time of marriage, it was agreed to live in America after the marriage, but she after reaching America, regularly made telephone calls to him and also sent books to him so that he may appear in the examinations. She also sent sponsorship to the respondent, but it was due to ill-luck that the respondent was refused visa. She also disclosed that she is still ready to take him to abroad and by denying the other assertions, she has finally prayed that the petition be dismissed.

4. Husband chose to file replication, where he reiterated his stand denying the assertions made in the written stateme