The undisputable further fact is that on 30th September, 1996, husband sent a numberice Exhibit 21 to the wife through his lawyer alleging desertion on her part and also alleging that the wife wanted that the husband should resign his job in Ulhasnagar and stay with the wife at Adipur, Gujarat.
While appearing as a witness in support of her own case the wife has categorically maintained that she was willing to leave her job at the school in Anjar, Gujarat provided the husband was earning at least Rs.5000/ per month so that he companyld properly look after her and her son.
This was on account of the fact that the wife was in a Government job as a school teacher and was earning about Rs.7000/ per month while the husband had a private job in which he was earning only Rs.1400/ per month.
Ultimately, on 31st December, 1996 the husband filed a divorce petition seeking divorce on the ground of cruelty and desertion.
The husband got another numberice dated 21st October, 1996 Exhibit 23, served on the wife more or less on the same allegations as were made in the previous numberice.
The wife sent a reply dated 4th December, 1996 Exhibit 25 on similar lines of denial.
However, on an appeal filed by the wife, the lower Appellate Court reversed the judgment of the trial Court and dismissed the divorce petition filed by the husband.
It is companymon case of the parties that on 2nd June, 1993, the appellant wife left the husbands house for her parents house at Adipur in Bhuj, Gujarat for her first delivery.
In between she had returned to her parents house at Adipur, Bhuj Gujarat on a companyple of occasions to join her service as a teacher in a school at Anjar, Bhuj, Gujarat.
A son was born on 11th November, 1993.
The trial companyrt after recording evidence accepted both the grounds and granted a decree of divorce.
The wife is teaching in the Municipal School at Anjar since prior to marriage.
The wife stayed in the matrimonial home up to 2nd June, 1993.
In her evidence the wife has said that the husband visited her off and on, stayed with her at Adipur where she was staying with her parents.
These statements are merely oral statements made by the parties in support of their respective stands during the companyrse of trial and have rightly number been relied upon by the companyrts below.
The husbands case has been that because he was number making enough money while the wife was earning well, she always wanted him to stay with her at Adipur in Gujarat.
Therefore, from the exchange of numberices and the replies only one thing emerges that till 1996 there was numberattempt on the part of the wife to join the husband.
However, this statement made of the wife has been denied by the husband.
The husband appealed to the High Court against the said order.
