VIBHA SHRIVASTAVA Vs. DINESH KUMAR SHRIVASTAVA

JUDGEMENT

(1.) This case is a typical instance of matrimonial mal-adjustment between couples who are both employed in service at two different places. The wife/appellant is serving as a teacher in a private school at Rajnandgaon. The husband/respondent is working as Field Supervisor in a Rural Bank in village Latabod, in Rajnandgaon district. They were married on 14-7-1986 and at the time of their marriage also they were employed. For a few months after the marriage they had a happy married life and now they have a daughter aged about 3 years. According to the husband, the wife left the matrimonial home on 16th Nov., of 1986 when he was away on his duty. Before leaving the matrimonial home she had sent a letter of resignation from her service by registered post on 14/11/1986. The complaint of the husband is that thereafter be made several approaches personally, in writing and through his relations to persuade the wife to return to the matrimonial home but she persistently refused. Her insistence was that she would continue with her service and the husband should live with her at Rajnandgaon.

(2.) The husband's case is that the above persistent refusal of the wife to give conjugal company to the respondent amounts to cruelty and a good ground for grant of a decree of divorce. The petition for divorce was filed on 25/4/88.

(3.) The wife opposed the petition and in her reply stated that she was forced to submit resignation from her service by the husband and his relations during their joint stay after their marriage in the husband's house. She later withdrew the resignation and resumed her service. According to the wife, she left the husband's home because grave differences and serious misunderstanding had developed between the two families so much so that her living at husband's place had become impossible. It was explained by her that the husband's sister was married to the brother of the wife under a custom called 'Gurwat' which means mutual exchange of daughters in marriages between the two families. According to the wife, since the other marriage between the husband's sister and brother of the wife has broken down for some reason, the wife was subjected to ill-treatment. The wife, therefore, took a plea that in view of the above breach in relationship between the families she cannot for ever give up her service and be dependent on the husband for all times who has no sufficient source of income to maintain all members of the family in his parental house at Rajnandgaon.