- (1.) THE wife has come up in appeal against the order of the Matrimonial Court granting divorce to the respondent/ husband on the ground of desertion against her.
(2.) THE facts :-The parties were married on December 9, 1973. A child was born in 1978 who died shortly thereafter. The wife left the matrimonial home on June 8, 1980. The wife filed an application for maintenance under Section 125 Cr. P. C. which was allowed by the Sub Divisional Judicial Magistrate and a monthly maintenance allowance of Rs. 175/- was granted to her. The order of the Sub Divisional Judicial Magistrate was assailed in revision and the revisional court fixed the monthly maintenance at the rate of Rs. 250/ -. The husband filed a petition for restitution of conjugal rights against his wife on March 4, 1983 which ended in ex-parte decree against the wife on March 1, 1984. The wife assailed the ex-parte decree in appeal in this Court which was allowed by an order dated February 12, 1986. The ex-parte decree was set aside and the parties were directed to appear before the Matrimonial Court on March 10, 1986. The petition for restitution of conjugal rights was withdrawn by the husband on March 29, 1986 and the present petition for divorce was filed on April 29, 1986. The divorce was sought on twin grounds, namely, cruelty and desertion. The matrimonial Court found that the husband had succeeded in establishing that the wife had deserted him and on that basis allowed him the decree for divorce. The ground of cruelty could not be substantiated.
(3.) THE wife has assailed the judgment of the matrimonial Court on the principal ground that it is the husband who did not want to rehabilitate her in the matrimonial home and she has always been willing to return to the consortium.;