( 1 ) THIS is an appeal against the judgment and decree dated 26-1-1999 passed by Sri M. Q. Siddiqui, then learned Judge Family Court, Jhansi in Suit no. 34/98, Ram Babu Babeley v. Smt. Sandhya.

( 2 ) THE facts giving rise to this appeal are that the plaintiff appellant filed the aforesaid suit against the defendant-respondent in the court of Family Judge, Jhansi under section 13 of the Hindu Marriage Act with these allegations that, the marriage of the parties had taken place according to the hindu Rites on 15-5-1981. The plaintiff Ram babu Babeley was working as a labourer mostly at Nagpur and Maharashtra under the contractors and so he asked the defendant to reside at Nagpur with him as he had already taken a room on rent at Nagpur, but she refused to do so, and after lapse of two months from the date of marriage she went to her parents, house at Village Dinara. She said to the plaintiff that he should not go outside Jhansi and then only she would reside with him and not otherwise. Thereafter the plaintiff started to work at Jhansi and he has been doing the work of labourer at jhansi for the last seven years. The defendant came to his house at Jhansi in May, 19