S.S.Subramani, J. - (1.) THE respondent in O.P. No.48 of 1982, on the file of Additional District Judge, Pondicherry, is the appellant before us.
(2.) THE parties hereinafter will be referred to as they are arrayed in the original petition. The original petition was filed by the husband for divorce under Sec.13 (1-b) of Hindu Marriage Act, on the following allegations: The marriage between the parties took place on 19.6.1975, and, at that time, the petitioner was working in the railways as a clerk and he was residing with his parents at Pondicherry. Even at that time, the respondent (wife) was working as a school teacher. Even now both are employed at different places. It is said that after marriage, the parties lived as husband and wife at Pondicherry till September, 1976, and even during that time, the respondent frequently used to go to her parents house under some pretext or other. It is further averred that the petitioner used to treat the wife with utmost affection, love and consideration, and in spite of all his efforts, the wife was behaving in a reckless manner and was not discharging her marital duties properly. She often used to stay with her parents for some reason or other, without intimation whatsoever. It is said that the respondent was frequently quarrelling with everyone including the petitioner, and, under the guise of a quarrel, she used to leave to her parent's house. It is said that the wife who was working as a School Teacher, was earning more than the husband, and that was the reason for disrespecting the husband. In or about the second month of 1976, the respondent, without any reasonable cause, left the matrimonial home and refused to come back, and, in May, 1977, a notice was issued, and thereafter, due to persuasion and mediation, the parties settled the matter, and the respondent came to the matrimonial home. In December, 1977, the wife went to her parents promising to come back within a week. However, she did not return as promised, and in spite of great efforts, she refused to cohabit with the petitioner, and all efforts made by him were of no avail. It is said that the petitioner went to the School and requested the respondent (wife) to join him, and at that time, with the utmost contempt, she refused to cohabit with him. It is said that from December, 1977, the wife has deserted him. In March, 1978, the wife gave birth to a male child, and this fact was not even informed to the petitioner or his parents. It is said that the conduct of the wife in living separately from December, 1977 amounts to desertion, and in spite of reconciliation, she refused to join him. It is, therefore, prayed that, in view of the conduct of the respondent, a decree for divorce may be passed, terminating the marital relationship.
(3.) IN the counter-affidavit filed by the respondent (wife), she admitted the legal relationship between the parties and also the birth of the child. It is her defence that in the matrimonial home, she was not allowed to live peacefully, and in view of the harassment from her mother-in-law, she wanted the petitioner to live separately, and he did not make any attempt to protect her. According to her, she is not very particular about staying with her parents, but she only pleaded that it is not possible for her to live peacefully with him in the matrimonial house due to constant quarrel. For mental peace, she had to live separately from her husband. She also said that even the husband's brother, though married, could not live with his parents in view of the conduct of the mother-in-law. She had no complaint against her husband, and, according to her, he is very much affectionate towards her, and she has no intention to put an end to the marital relationship, and if at all she had to live separately, it was only because the husband did not give her necessary protection when his mother used to ill-treat her. It is also said that she did not go to her parent's house on her own, but she was driven out by her mother-in-law. She prayed for dismissal of the petition.;