SRI KARTIK MAHAJAN, SON OF LATE GOUR HARI MAHAJAN, RESIDENT OF VILLAGE Vs. SMTI. RAMA MAHAJAN, WIFE OF KARTIK MAHAJAN, DAUGHTER OF SRI HARENDRA

JUDGEMENT

(1.) This is an appeal under Section 28 of the Hindu Marriage Act, 1955 from the judgment and decree dated 12.08.2011, delivered in T.S.(Divorce) No. 32 of 2010 by the Additional District Judge, South Tripura, Belonia.

(2.) The appellant filed an application under Section 13(1) (ib) of the Hindu Marriage Act for dissolution of the marriage which was solemnized as per Hindu rites and customs between the appellant and the respondent. After thirteen years of their marriage, the said application for dissolution of marriage by a decree of divorce was filed in the court of the Additional District Judge, South Tripura, Belonia, as it appears, solely on the ground of desertion. The appellant has stated that in the wedlock, two male and one female children were born but one male child died prematurely. The two other children are living with the respondent. For the irreconcilable misunderstanding, which engulfed the marital relation, it gradually estranged the respondent.

(3.) According to the appellant, the respondent was extremely obstinate and not mending her taste, preference and cultural attributes. In the year 2007, the respondent left her matrimonial home with those two children and since than she has been living separately from the appellant. The appellant explored all possible means for restitution of the conjugal right, but in vain. The marital tie has been irretrievably broken down, for wilful desertion of the respondent which has been continuing for a period of more than two years, even the respondent filed an application under Section 125 of the Cr.P.C. on 7.12.2009, seeking maintenance. The Sub Divisional Judicial Magistrate, Belonia, South Tripura allowed monthly maintenance allowance at the rate of Rs.1000/-. The petitioner, the appellant herein, has asserted in his application that his relatives and well wishers made sincere and several attempts for reconstruction of the relation. Even a notice was sent to the respondent in reply to which the respondent denied to restore the matrimonial relation.