Sarojnei Saksena, J. - (1.) APPELLANT wife has assailed the judgment and decree passed by the trial Court in HM Case No. 43/13 of 1987 whereby her petition filed under Section 13 of the Hindu Marriage Act (for short 'the Act') for dissolution of marriage by a decree of divorce has been dismissed on 1.12.1987.
(2.) UNASSAILED facts are that the petitioner -appellant was married to the respondent on 29.11.1980. Thereafter they lived under the same roof in village Aluna till August 1982 and discharged their matrimonial obligations. In January, 1983 the petitioner -appellant gave birth to a daughter in this wedlock at her parental home in village Majri, but the child breathed her last immediately after her birth. The petitioner -appellant has filed this petition on the ground of desertion and cruelty. According to her, respondent's behaviour was very cruel towards her from the very beginning as he was not satisfied with the dowry given at the time of marriage. He used to quarrel with her for bringing insufficient dowry. She tried to adjust with her utmost capacity and tolerance. In May, 1982 the respondent met with an accident. He was admitted in the Hospital from where he was discharged after 3 months. After coming back to the matrimonial home, the respondent turned her out therefrom though at that time she was in the family way. In January, 1983 after the birth/death of the daughter, she sent an information to the respondent, but none from his house came to see the petitioner. She is living in her parental home since August, 1982. Her parents made many efforts to rehabilitate her, but they all proved abortive. Thus the respondent has withdrawn from her society since August 1982 without any reasonable excuse. On these counts the decree for divorce was prayed for.
(3.) THE respondent denied inter alia that he ever behaved cruelly with her or he turned her out from the matrimonial home in August, 1982. According to him after having been discharged from the Hospital when he reached matrimonial home, the petitioner -appellant candidly told him that now he has become unfit due to the in -juris sustained by him. She would not live with him. He entreated her not to leave him at that hour of need, but breaking the shackle of marriage, she went to her (sic) rental home against his wishes. After the birth of the child, he tried to bring her (sic)k, but she declined. Thus she is guilty of desertion and she cannot take advantage (sic)er own fault.;