JAGDISH SINGH Vs. MADHURI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed against the judgment and order passed by the High Court of Judicature at Allahabad on September 29, 2004 in First Appeal No. 1008 of 1999. By the said judgment, the High Court reversed the decree of divorce passed in favour of the appellant- husband by the Family Court, Allahabad on September 13, 1999 in Case No. 209 of 1992.

(3.) Short facts of the case are that the marriage between appellant and respondent was solemnized on May 27, 1974 as per Hindu rites and ceremonies. For some time the relations between the parties went on well. A female child Seema was born from the said wedlock in 1980. It is the allegation of the husband that the wife did not co-operate with him and his family members. She started pressurising the husband to live separately from his parents, brothers and sisters. According to the husband, however, he was the eldest son of his parents and was not in a position to oblige the wife by living with her. He had to support his old parents and also to look after future of his brothers and sisters who were dependent on him. Since the husband did not accede to the demand of the wife, her behaviour towards the husband and his family members became rude. She started threatening the husband that if he would not concede to her demand of living only with her, he had to suffer consequences. The husband, however, was hopeful that in course of time, the wife will get settled and there would be no problem. Unfortunately, however, with the passage of time, the situation turned from bad to worse and she started deliberately mis-behaving not only with the husband but also with his old parents. She was violent on petty issues and small matters. She used to insult them on one pretext or the other and made the situation intolerable.