Joining a job at a distance cannot be deemed as willful desertion under the Hindu Marriage Act.

1. Heard.

2. The present appeal arises out of an order dated 04.10.2001 passed in civil Suit No.14 - A / 1999 passed by the 3rd Additional District Judge, Durg, whereby the prayer for decree for divorce was dismissed. The suit was filed by the husband / appellant / applicant on the ground that the respondent / wife has deserted him without any sufficient cause. The instant appeal is filed by the husband.

3. The facts, as would reveal that the marriage of the appellant and the respondent took place on 03.11.1995 at Bhilai according to the Hindu rituals, thereafter, the respondent / wife joined her matrimonial home and started living there. It was pleaded that father and mother of boy were working at Andhra Pradesh and they used to visit there home at Bhilai within a gap of more than three months. It was stated that after the marriage, the wife got an opportunity of job and was selected as an Assistant Professor in the education department and she had to join her posting somewhere else other than her place of matrimoinal home. It was stated that the husband suggested the wife not to join her place of posting away from Bhilai but she did not hear the advice and however supported by her family members and without the consent eventually she joined her job at other place. Before that during the period of cohabitationa girl child was born on 16.10.1996. It was further pleaded that on 20.12.1996 the mother of the appellant while was going to Delhi, the wife went along with her and from Jhansi she was accompanied by her brother and she went to Gwalior. It was stated that according to the understanding she was to join back her mother - in - law while she was coming back from Delhi, but she did not join and instead joined her job. It was pleaded therefore, the non - applicant / wife without any sufficient cause has left the husband and since was working against the wish of the husband at different place of her matrimonial home, thus has deserted the husband, therefore, the marriage be annulled by decree of divorce under S.13 (1) (i - b) of the Hindu Marriage Act . The petition for divorce was preferred by the husband on 15.01.1999 before the Court of Additional District Judge, Durg.

4. The non - applicant / wife contended that before the marriage it was stated that her husband is in a good job but after the marriage she came to know that the husband was not working anywhere. It was further contended that at the time of marriage this understanding was arrived at in between the family members that the wife being educated, she would join some job whenever she gets the same, to which the mother of the appellant / husband agreed for the reason that her daughter was also working. It was stated that the husband was completely dependent on his mother and father, therefore, the wife had decided to join a job. The non - applicant / wife further contended that before the marriage she had appeared for the examination & selection of Assistant Professor through Public Service Commission and after the marriage with the consent of the husband she appeared in the interview and in the month of May - June the result was declared, wherein she was selected. It was further stated that after such fact came to the notice of the family members of the husband, they started misbehaving with her and in the month of June, 1996, the family members of the wife were called to Bhilai and were told that their daughter - in - law may either do the job or give divorce to the boy. It was further stated that the family members of the wife were also subjected to misbehave. It was further stated that on 19.12.1996 while the mother - in - law of the respondent / wife was going t