SANTOSH KUMAR TRIPATHI Vs. SAROJ TRIPATHI

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree dated 23-6-2004 passed by Vth Additional District Judge, Durg (CG) in Civil Suit No. 2A/2003 whereby the suit for grant of divorce has been dismissed.

(2.) Appellant and respondent belong to Hindu religion and are governed by Hindu rites and rituals. In the month of May 1978 the marriage of appellant and respondent was solemnized, according to Hindu rites, rituals and customs at village Dhendhar. Tahsll Tyonthar, District Rewa (MP). At present, appellant and respondent are living separate from each other.

(3.) Appellant filed an application under Section 13(l)(ia) and (ib) for grant of divorce on the ground of cruelty and desertion. Averments made by the plaintiff/appellant are that for the first time respondent came to her matrimonial house at Bhilai in the year 1983 to live with appellant, she remained there for one year and left for her parental house. Again in the year 1987 she came back to her matrimonial house to live with appellant and lived for around one year and again left for her parental house. She came to her matrimonial house back for the last time in the month of February, 1994 to live with the appellant and after staying for about 11 months, in the month of December, 1994 she again left for her parental home and since then she is residing in her parental house and is not returning back despite appellant's sincere continuous efforts. In the year 1992 appellant received severe injuries in an accident, but the respondent although informed, did not come back. During pendency of the petition she made a complaint before the Superintendent of Police, Rewa, alleging that the appellant and his mother had demanded dowry and subjected her to cruelty. Police found the said complaint false, hence did not prosecute the appellant. The said complaint caused mental torture to the appellant.