- (1.) THIS is an appeal under Section 19 of the Family Courts Act, by wife against dissolution of her marriage by a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act ).
(2.) BOTH husband and wife belong to Jhansi. They were married on 15-1-1979 and a male child was born to them on 15-3-1980. When the child was six months' old, wife left the house of her husband with the child on 24-9-1980 and did not return back to her husband. A petition for mutual divorce was filed on 3- 3-1983. However, before final order was passed on this application wife stated to the Family Court that she is not willing for divorce. Therefore, the petition for divorce out which this appeal is filed, was filed by husband on 9-1-1984. Case in support of divorce in short is that after sometime of marriage wife showed in-difference towards husband and his parents. She was not doing any household work and was reading novels all day long. On objection by husband, she stated that she would not live with the husband till he resided with his parents asked him to take a house in Sadar Bazar near parents' house where they would reside together. Since husband was only son and issue of his parents in advance age he could not have left them to reside separate from them. Hoping that wife would change her mind, he permitted her to house of her parents when she was insisting for the same on one reason or other. On 24-9-1980, wife sent with her father with the child and the box containing her clothes and ornaments to parents house on the pretext some function at that place. When wife did not return, husband went to house of parents of his wife to bring her back but she refused. Waiting till 14-10-1982, husband sent a notice to his wife through his Advocate alleging that she was deserting him for the period. On 25-10-1982, wife sent a reply to her husband direct. There was intervention of common friends which resulted in an agreement on 27-2-1983, it was settled that marriage would be dissolved by mutual consent and she would not claim any alimony but the child shall remain with the mother and an amount of Rs. 10,000 shall be deposited in bank in name of the son for the ten years. Husband deposited the amount on 28-2-1983 and returned articles of the wife to her on 28-2-1983. Petition under Section 13-B of the Act was filed on 2-3-1983. After six months a petition signed by both parties was filed to record the divorce by mutual consent. On 1-3-1983 wife filed an application for amendment of the petition relating to custody of the child and on 3-3-1983 a petition signed by both parties was filed to pass a decree of divorce dissolving the marriage. When the proceeding was pending, she made a statement to the learned Family Judge that she is not willing for a divorce and had signed the petition for mutual divorce to take back her belongings. On that when the case was posted to 10-1-1984 for orders, peti tion for divorce was filed by the husband on 9-1-1984 on the ground of deser tion and negligence. Case of wife contesting the application is that she has not deserted her husband and has not neglected him. Petition for divorce has been filed being influenced by parents and specially by his mother, Demand of dowry of Rs. 50,000 after marriage and ill-behaviour meted out to her were alleged. Absence of providing nutritious food during her pregnancy. No medical assistance was also provided for. She was made to do the house hold-work like cooking washing cloth and sweeping the house etc. even during her illness. When her father who visited her saw the position, he took her with him in December, 1979 and rendered her the required treatment and she could get rest. She gave birth to the child on 15- 3-1980 in Christian Hospital, Jhansi. Her mother-in-law alone came to the hospital to see the child. Ceremony which was performed in her father's house was attended by parents' in-law after great persuasion. Visit of her husband on 11-10-1980 to request her as alleged was denied.
(3.) HUSBAND examined himself and another witness who was one of the persons taking part in the settlement. Documents like copy of letter of lawyer, reply by wife copy of the deposit as per agreement, agreement and receipt of articles by wife were filed. Wife examined herself and her father. One witness was examined as court witness. Certificate granted by the hospital was filed. On the aforesaid materials, learned Judge of Family Court held that desertion by wife is well proved and dissolved the marriage by a decree for divorce which assailed by wife in this appeal. During pendency of the appeal, Court directed both husband and wife to stay together. In com pliance with the same both of them stayed in a hotel at Allahabad and proceeded together to his house at Jhansi. From there, wife again went back to her parents' house and they are separately residing now. Son is residing with his mother and is aged about 15 years.;