The court applied the provisions of the Hindu Marriage Act, 1955, to decide on the grounds for divorce and the grant of alimony.

JUDGMENT

S.K. Palo, J.

1. The respondent/husband filed an application under Section 13(1-A) of Hindu Marriage Act, 1955 for decree of divorce on the ground of desertion against the non applicant/appellant before the Third Additional District Judge, Vidisha. By the impugned judgment dated 24.2.2005, the same has been decreed. Aggrieved by this, the non-applicant/wife has filed this appeal under Section 28 of Hindu Marriage Act, 1955.

2. It is not disputed that the marriage between the appellant and the respondent was solemnized on 23.06.1997 at Ahmedabad observing Hindu customs.

3. The appellant filed a petition for divorce stating that after their marriage, the non-applicant/wife lived with the husband at Bhind for two months, then at Bhopal for two months at her maternal home. Then she again lived with the applicant husband at Ahmedabad for six months. For the last six years, she has been living at Vidisha serving as Computer Programmer at Ashok Technical Institute and is residing at Sherpura, V.T.I. Road, Vidisha. She had been pressurizing the applicant/husband to live with her at her maternal home at Bhopal. Her parents also assured him that they will fetch a job for the applicant/husband. When the applicant refused the same and did not want to live like a "Ghar Jamai" the non-applicant/wife got annoyed and started behaving in cruel manner. She was not performing her duties and was always insisting to go to her parents home. She started quarrelling with the family members of applicant and misbehaved with them. She also started abusing them. The applicant/husband tried to pacify things but due to the adamant behaviour of the non-applicant nothing positive could come out. Because of her rude behaviour, the family life of the applicant becomes shattered. It was informed to the parents of non-applicant/wife, but they did not help. On the other hand, they demanded the applicant/husband to do according to the wishes of non-applicant.

4. In April, 1998, a child was born. When she got the indication that the applicant/husband will not move to Bhopal, on 27.04.1998, she left for her matrimonial home alongwith her ornaments, clothes and she carried the 16 days old son with her. Since then she did not return to the applicant. A report was lodged by the applicant/husband. Non-applicant/wife lodged a false report of dowry demand against the applicant/husband and his parents. They were taken into custody under Section 498-A of IPC. The actions of non-applicant/wife was cruel mentally and physically. She also filed a petition under Section 125 of Cr.P.C. and another complaint was filed under Section 406 of IPC. The applicant and his family members were harassed. The non-applicant/wife is serving as a Computer Programmer and her earning is Rs. 11,962/- per month. Because of her behaviour, now the applicant and non-applicant cannot live together as husband and wife therefore, the applicant has to dissolve their marriage by passing a decree of divorce.

5. The non-applicant/wife denied all averments and submitted that she has recently joint as Computer Programmer and is earning is Rs. 5,000/- rupees per month. The report lodged by the non-applicant/wife under Section 498-A is true but for this the applicant and his parents are responsible. They have demanded dowry and treated her with cruelty. At the time of marriage, her father had given articles worth of Rs. 5,00,000/- and they were not in a position to give anything more. But the parents of the applicant constantly harassed her demanding dowry. The non-applicant/wife claimed that the presents given to her during the time of marriage was worth Rs. 3,50,000/-. The ornaments valued Rs. 1,00,000/- was given to her by her parents Besides this, Stridhan of Rs. 4,50,000/- was given. All were taken away from her. She demands that in case of a decree of divorce is granted, Rs. 10,00,000/- each be given as alimony to her and her son. It is stated by her that the applicant is serving at Gurgaon, Haryana, i