Decided on March 17,1983

R.P.GUPTA Appellant

Referred Judgements :-



N.N.Goswamy - (1.)This appeal by the husband is directed againstthe judgment dated 24/04/1982 passed by the Additional District Judge, Delhiwhereby his petition under Section 13(1)(ib) of the Hindu Marriage Act fordissolution of marriage on the ground of desertion was dismissed.
(2.)The appellant-husband filed a petition for dissolution of marriageby a decree of divorce under Section 13(1)(ib) of the Hindu Marriage Act.It was pleaded that the marriage between the parties was solemnised on 1 1/12/1970 at New Delhi and in accordance with Hindu customs andrites. After the marriage, the parties resided and cohabited as husband andwife at 5, Raja Ram Building, Ram Nagar, New Delhi. The respondentconceived a child but unfortunately there was a miscarriage. The respondentused to make flying visits to the appellant and stay with him at Delhi as therespondent was working as Nurse in P.G.I. Hospital at Chandigarh. Therespondent at the time of marriage concealed the fact from the husband andhis family that she has filled in a bond of 5 years with the P.G.I. Hospital.This fact was revealed later on and it caused depression in the mind of theappellant. The Appellant brought a prospectus of E,S.I. Hospital, Delhi toenable her to join and live with him in the matrimonial home. The appellant requested the respondent to fill in the form, but the respondent tore ofthe prospectus in presence of the appellant and his parents. The relationsbetween the parties remained cordial till 1974 when the respondent kept onvisiting the appellant at his matrimonial home at Delhi. The appellantrequested the respondent that she should come and stay with him at Delhiand he would arrange for some employment for her in any of the hospitals atDelhi, but the respondent flately refused. The appellant's brother andsister-in-law went to attend a marriage at Chandigarh in 1980. They wentand met the respondent at the hostel along with other relatives and requestedher to accompany them. The respondent, however refused to leave Chandigarh and come to Delhi. Similarly other relations of the appellant also madeefforts, but without any success. Finally, the appellant went to Chandigarhin December, 1981 and met the respondent in her hostel, he made efforts topersuade the respondent to return to the matrimonial home, but she flatelyrefused and went to the extent of telling the appellant to give her divorcethen and there. The efforts of one Dr. S. Bhatnagar, a near relation of therespondent also failed, and he expressed his regrets and inability to reconcilethe parties by his letter which has been placed on record.
(3.)Notice of the petition was issued to the respondent. She howeverdid not contest the petition and the petition was tried ex-parte.

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