SHARMA, J. - (1.) THE petition filed by the respondent husband on the grounds of desertion and cruelty under section 13 of the Hindu Marriage Act,1955 was allowed by learned Family Court No. 1, Jaipur vide judgment and decree dated February 6, 2002. Against this finding that the present action for filing the appeal has been resorted to by the appellant wife.
(2.) AS per the facts stated in the petition, marriage between the appellant wife and respondent husband took place on May 11, 1995. Immediately after the marriage the appellant wife asked the respondent husband to reside separately from his old parents. The respondent was not in a position to fulfill this demand of appellant since he was the only son of his old and infirm parents, therefore the appellant started misbehaving with the respondent. She used to harass and humiliate the respondent and his old parents. The mother of respondent was forced to cook food, clean the house and wash clothes despite her ill health. Many a times the appellant wife left for parental house from the school without informing the respondent. The appellant wife had deprived the respondent husband from his conjugal rights and deserted him. On October 12, 1995 in the evening the appellant wife came to the house of respondent husband and in the garb of Karwa Chauth took all the jewellery and went to the house of her parents. The appellant wife without any justifiable reason refused to live with the respondent husband and she had been living separately since October 12, 1995. The respondent husband had moved application under section 9 of Hindu Marriage Act for restitution of conjugal rights, but the appellant wife did not come to reside with the respondent husband. In the reply the appellant wife denied the allegations of misbehavour and maltreatment by her to the parents of husband and stated that she did not press for living separately or never refused to work in the house. She denied to go to her parental house without information on the contrary she stated that she always treated the respondent husband as Devta. She never insulted the respondent husband or his parents. On September 18, 1995 when she had gone to her parental house on account of sickness of her brother but came back on September 22, 1995. The sisters of husband and brother-in-law Jitendra and Kailash and mother of husband harassed her for the demand of dowry. All her clothes and jewellery were kept by them. The respondent No. 2 Shyam Yadav filed separate reply and denied the allegations made against him in the petition. On the basis of pleadings of parties following issues were framed:- (i) Whether in the background of the facts mentioned in the application the wife had behaved the husband with cruelty? (ii) Whether the wife had deserted the husband for two years or more without any justified reasons and had deprived him of conjugal rights? (iii) Relief? The respondent husband examined eight witnesses in support of his pleadings, including Gangadhar Sharma (Pw. 2) and Savitri (Pw. 6) who performed the ceremony of Kanyadan of appellant wife. On the contrary the appellant wife examined seven witnesses and the respondent Shyam Yadav examined himself. Thereafter on hearing final submissions learned Family Court allowed the petition as indicated above.
(3.) THE respondent husband (Pw. 1) in his deposition stated that he got married with the appellant wife on May 11, 1995. Soon after the marriage the appellant wife compelled the appellant to live separately from his old parents and started misbehaving with him and his parents. She refused to perform the duties of house wife and it was his old mother who used to cook food, clean the house and wash clothes. In September,1995 she on the pretext of sickness of her brother left the house and remained at her parental house. THEreafter on the occasion of Karwa Chauth i. e. on October 12, 1995 she came to the house of respondent, wore marriage base and jewellery and went back to her parental house. She deserted the respondent since October 12, 1995 and did not come back despite filing the application by the husband under section 9 of the Hindu Marriage Act for restitution of conjugal rights. She used to move at public places with her office mate viz. Shyam Yadav. Statement of respondent husband gets corroboration from the testimony of Gangadhar (Pw. 2), Smt. Kanta (Pw. 3), Jai Prakash Nagar (Pw. 4), Kailash Chand (Pw. 5), Savitri (Pw. 6), Shiv Shankar (Pw. 7) and Girraj Prasad (Pw. 8 ). Appellant wife (Dw. 1) however deposed that she never misbehaved with the respondent or his parents. As and when she proceeded to her parental house she sought prior permission from her husband. She further stated that it was the respondent husband, and his family members who used to harass and humiliate her for the demand of dowry. Many a times she was threatened of dire consequences. She was compelled to leave the house of her husband and all her clothes and jewellery were with the respondent husband. In support of her contentions she examined her mother Santosh (Dw. 2) and her neighbours viz. Madan Mohan (Dw. 3), Smt. Nirmala (Dw. 4), Shyam (Dw. 5), Radha Nath Mishra (Dw. 6) and Bhagwan Sahai (Dw. 7 ). ;