SHIV KUMAR SHARMA,J. - (1.) INSTANT appeal impugns the decree and judgment dated February 28, 1994 of the learned Judge, Family Court, Ajmer whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (in short 1955 Act) was allowed and the decree of divorce was passed in favour of the respondent husband.
(2.) THE appellant wife and the respondent husband shall be referred hereinafter as the 'wife' and the 'husband'. Contextual facts depict that the husband instituted a petition seeking divorce on the grounds of cruelty and desertion in the Family Court, Ajmer. It was averred in the petition that after the marriage which had taken place on May 9,1983, the wife lived with the husband only for four and half months and during that period also she visited her father's house at Ratlam (M.P.) twice. When she again expressed her wish to visit her father's place the husband made an attempt to prevent her but after assuring the husband that she would come back in two weeks she left Ajmer for Ratlam. To the utter surprise of the husband she took admission in the M.A. Final Classes at Ratlam and did not come back. After much efforts the wife came to Ajmer on April 5,1986 but went back to Ratlam on May 29,1986. As required by the wife the husband constructed two separate rooms at Ajmer but despite this the wife did not come back to live with the husband. When all efforts were failed the husband along with his brother Chandra Prakash and brother -in -law Ram Babu Sharma went to Ratlam to take her back but she declined to accompany him. After serving her notice through registered post the husband instituted the petition under Section 13 of the 1955 Act.
(3.) THE wife submitted written statement denying the allegations averred in the petition. It was pleaded by her that at the time of her marriage she was studying and her study was incomplete. As she had been a brilliant student throughout she wanted to continue the study but her in -laws were against this. The wife denied this fact that her husband even came to Ratlam to bring her back. The husband started misbehaving with her from the very beginning. When she gave birth to a daughter at Ajmer, she was not properly cared and as her father could not fulfil the husband's greed of dowry she was deliberately left at her father's house. The wife denied to have received any notice. On the basis of the pleadings of the parties as many as three issues were framed by the learned Family Court. The husband examined as many as five witnesses and the wife also produced same number of witnesses. The learned Family Court after hearing the final submission allowed the petition of the husband deciding the issue relating to desertion in favour of the husband.;