MAMTA NAMDEO Vs. GHANSHYAM BIHARI NAMDEO

JUDGEMENT

(1.) This appeal in a matrimonial case is by the wife and is directed against the judgment and decree dated 21.09.2004 passed by the Additional District Judge, Bemetara, in Civil Suit No. 7-A/2004 whereby the petition for dissolution of marriage filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act') has been allowed. It is not in dispute that parties to the proceedings were married as per Hindu rites some time in June, 1994. During this period, four children were born from the wedlock, out of which one has died and three are alive and are living with the respondent/husband. According to the plaintiff/respondent, the appellant expressed her unwillingness to live with the plaintiff as she wanted to marry somewhere else. She was in the habit of abusing, misbehaving and threatening to inflict in false criminal cases including dowry cases. However, the plaintiff/respondent, looking to reputation of his family in society, managed to live with her but the things became worse and it became impossible for him to live with her 7-8 months prior to the filing of divorce petition, and therefore, they started living in separate rooms and he was forced to file the divorce petition.

(2.) The appellant filed her written statement and denied all the allegations.

(3.) The respondent examined himself as PW-1, Laxmi (PW-2), Sarita Bai (PW-3), Ku. Keerti Jaiswal (PW-4), Bhagwan Deen (PW-5), Saroj (PW-6), Jamuna Bai (PW-7) and Manoj Jaiswal (PW-8), whereas, the appellant examined herself as DW-1 and one Radhelal as DW-2.