A wife's conduct of living separately from her husband is not desertion if she has reasonable cause to do so and does not intend to permanently end the cohabitation.

( 1 ) THIS appeal is directed against the judgment and decree dated 11-12-1995 in Civil Suit No. 36-A/94 by District Judge, Khandwa, granting decree of divorce in favour of respondent/husband.

( 2 ) UNDISPUTABLY, the parties are Hindus and were married in the year 1986 in accordance with the rites and customs applicable to them. The parties thereafter lived together for some time and the appellant gave birth to a daughter. The appellant was, however, living separately from the respondent/husband for more than two years prior to his filing of present petition for divorce.

( 3 ) THE respondent/husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'act' for short) against the appellant/wife seeking a decree for divorce on the ground of 'cruelty' and 'desertion'.

( 4 ) IT was averred by the petitioner/respondent that he was an L. D. C. and had limited income. After his marriage with the appellant, he made all efforts to meet the demands of his wife, but she did not feel satisfied. The appellant used to pressurise her husband-the respondent, to go to her parents' home and to start some business there. When the respondent declined to accede to her wishes as above, the appellant wife attempted to commit suicide. She used to threaten the respondent that she would involve the latter in dowry case. She would not cook food for the respondent. She would throw away the articles of the household. The appellant also tried to administer poison to the respondent and left his house, without intimating him. When the respondent went to bring her back, she refused to come. However, later on, due to the intervention of common relatives, the appellant came back to the house of the respondent. However, the appellant, after coming back, again started quarrelling with the respondent and again went to her parents' home without permission and intimation to the respondent. The respondent went to bring her back, but the appellant/wife refused to come back with him. The respondent was insulted and sent back. The appellant was living separately from her husband the respondent, without any reasonable cause for more than two years before filing of the petition and has thus deserted him.

( 5 ) THE appellant/wife in her written statement denied the above allegations. She averred that she was always and willing to live with her husband the respondent. However, since the mother and the brother of the respondent used to quarrel with her and assault her, therefore, she apprehended danger to her life. The appellant further averred that she was not willing to live with her mother-in-law and brother-in-law. Since she was being maltreated at her matrimonial home, she came back to her parents' home. She was willing to live with her husband, the respondent separately, but not along with her mother-in-law and brother-in-law. She is living in her parents' home since February, 1992, as she was turned out by the respondent and her in-laws. She, therefore, prayed that the petition for div- orce be dismissed.

( 6 ) THE learned trial Court framed issues as to whether the respondent/husband treated the appellant/wife with 'cruelty' and whether the appellant is living separately for more than two years prior to the filing of the petition, without any reasonable cause. The learned trial Court recorded a negative finding on the issue of 'cruelty'; but held that the appellant is living separately from her husband, the respondent for more than 2 years, without any reasonable cause and has thus deserted him. The decree for divorce was accordingly granted on that ground.

( 7 ) THE learned counsel for the appellant/wife has mainly urged that the appellant was aggrieved by the behaviour of her mother-in-law and brother-in-law, who misbehaved with her and assaulted her, due to which she was forced to leave her matrimonial home. Therefore, there was sufficient cause for her to live separately and it could not be said in th