( 1 ) THIS Appeal is directed against the Judgment dated 8-1-1996 in Civil Suit No. 37-A/1993, filed by the respondent applicant by way of petition, under Section 13 of Hindu Marriage Act.

( 2 ) UNDISPUTABLY, the appellant/non-applicant and respondent/applicant are governed by Hindu Law. They were married on 26-11-1978 according to Hindu religious rites at Allahabad. The appellant/non-applicant resided with the husband after her marriage. Out of the said wedlock, a daughter and a son were born in the year 1981 and 1985 respectively.

( 3 ) THE averments of the respondent/applicant are that the appellant/non-applicant continued her studies at Benaras Hindu University after her marriage. After completion of her studies in 1980, she came to Bilaspur and was appointed as Lecturer in 1984 in C. M. D. College. The appellant/non-applicant started quarrelling with the respondent/applicant, after her return from Benaras. The appellant/non-applicant used to nurse unfounded suspicion about the character of the respondent/applicant. She used to cast aspersions on the respondent/applicant. The appellant/non-applicant had gone to the extent of alleging that the respondent/applicant was having incestuous relations with his mother and maternal aunt. She used to remain out of the house till late in the night hours. She stopped cooking meals and doing other domestic chores. On account of the aforementioned attitude of the non-applicant/appellant and her misbehaviour, the life of the respondent/applicant became miserable. It is further averred that the appellant/non-applicant, after giving the birth to the son in May, 1985, refrained from performing her marital obligations and completely severed marital relations with the respondent/applicant and started sleeping in a separate room in which the respondent/applicant was not permitted to enter.

( 4 ) IT was further averred by the applicant/respondent that in April, 1987, the appellant/non-applicant left the house of the respondent/applicant and went to the house of respondent/applicant's uncle, whereafter appellant's parents and sister brought back the appellant/non-applicant. In or about the month of June, 1987, the appellant/non-applicant came back to Bilaspur with her parents, rented a separate house and stayed there.

( 5 ) THE case of the applicant/respondent further was that the appellant/non-applicant desired that the respondent/applicant should live with her, separately from his parents. However, since the parents of the respondent/applicant were old and he was their only son, the respondent/applicant refused to abide with the above wish of the appellant/non-applicant, upon which, she again quarrelled with the respondent/applicant. Thereafter, appellant/non-applicant reluctantly came to reside in the house of the respondent/applicant, but did not have any martial relations with the latter. It was also averred by the applicant/respondent that on account of the maltreatment and constant quarrelling by the appellant/non-applicant, the father of the respondent/applicant suffered heart attack and expired, and his mother also started suffering from tension and heart disease. It was averred that the appellant/non-applicant has deserted the respondent/applicant for several years and the marriage between two has irreparably broken. It was therefore prayed by the applicant/respondent that the marriage between the parties be dissolved by a decree of divorce.

( 6 ) THE appellant/non-applicant, in reply, denied the above allegations. She denied that she insulted or abused the respondent/applicant or stopped cooking meals and doing other domestic chores. It was also denied that she made any false allegations against the applicant/respondent. It was also denied by her that she refused to fulfil her marital obligations. According to the appellant/non-applicant she had never left the matrimonial home and she and the applicant/respondent are still living as husband and wife in the same house.