Decided on February 22,1983



Goswamy, J. - (1.)This appeal by the husband is directed against the Judgment and decree dated 8th March, 1982 whereby his petition under Sec. 13 (1) (ib) of the Hindu Marriage Act for dissolution of marriage on the ground of desertion was dismissed.
(2.)The appellant filed a petition for dissolution of marriage under Sec. 13 (1) (ib) of the Hindu Marriage Act. It was alleged in the petition that the parties were married on 19th Nov., 1976 at Delhi in accordance with the Hindu rites and customs and ceremonies. Thereafter, the parties lived as husband and wife till July, 1977 at the residence of the petitioner and a child was born out of the wedlock. It is further alleged that the parents and an unmarried sister of the appellant were wholly dependent on him and the respondent failed to adjust herself with them in the joint family. The respondent started picking up quarrel on one pretext or the other and did not even hasitate to maltreat and abuse the appellant's parents and his unmarried sister. It is also stated that during the respondent's stay with the appellant, she had conceived a child and she wanted to have abortion. This made the respondent more quarrel some and she constantly demanded a separate house and that too close to the house of her parents. This demand of the respondent was not acceptable to the appellant as he could not betray his parents and the unmarried sister. Finally the respondent on 9th July, 1977 left for her parents house to attend some function of her brother and carried along with her the whole jewellery and costly clothes etc. The appellant's parents also attended the function and thereafter, they asked the respondent to accompany them to the matrimonial home, but the respondent declined to do so. The appellant again contacted the respondent on telephone in her office and the respondent demanded that the appellant should come to her parent's house and collect her from there. The appellant went accordingly to his in-laws' house in the evening. He contacted the respondent and tried to persuade her to accompany him to the matrimonial home but the respondent flatly refused to oblige the appellant and demanded that the appellant should leave his parents and unmarried sister alone and to take a separate house nearest to the house of her parents. The appellant could not yield to this unjust demand as he could not betray his parents in their old age and his unmarried sister who was wholly dependent on him. The appellant there- after served a legal notice dated 1st Nov., 1977 on the respondent. In spite of the service of the said notice the respondent did not return to the matrimonial home.
(3.)The respondent delivered a child in the hospital. The appellant regularly attended on her and looked after both the respondent and the newly born female child. The appellant's parents also attended on the respondent and presented a gold chain to the newly born child. The appellant once again requested the respondent to return to the matrimonial home but the respondent refused to do so. The appellant and his parents wanted to celebrate the 'Nanm Karan Sanskar' of the child at their residence. They approached the respondent and her parents, but they refused to send the respondent and the child to their .house. It is alleged that the respondent filed a petition under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights on 27th Oct., 1978. The appellant was always willing to bring the respondent to the matrimonial home and fearing the dismissal of the petition, the respondent entered into a compromise with the appellant and withdrew the petition on 1st Jan., 1979. After with drawing the petition the respondent adopted more threatening attitude and the appellant has reasons to believe that he was waylaid by three persons at the instance of the respondent/her relatives. Consequently the appellant filed a F. I. R. No. 774 under section 392134 of the Indian Penal Code on 20th Nov., 1979. The respondent also filed a petition under Sec. 125 of the Code Criminal Procedure for grant of maintenance to the minor child and a sum of Rs. 125.00 per month was fixed as maintenance for the child.

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