KAILASH BIHARI JAISWAL Vs. BHAGWATI JAISWAL

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act, 1955 (for short, "the Act") is directed against the judgment and decree dated 13-12-1995 passed by 1st Additional District Judge, Bilaspur, in Civil Suit No. 41-A/1991 by Which the suit for decree of divorce filed by the Appellant, has been dismissed.

(2.) FACTS material for disposal of this appeal, in brief compass, are that Appellant and Respondent were married to each other in accordance with Hindu rites in May, 1983 at village Faraswani. After marriage Respondent lived with her husband at village Faraswani and out of their wedlock a female child namely Vijay Laxmi was born. During her stay, she treated Appellant and his family members with cruelty and on being advised, she used to threat that she would file an application under Section 498-A of the I.P.C. and under Section 125 of the Code of Criminal Procedure, making complaints besides demand of dowry. Even in Panchayat she was advised by the village elders to live like a decent wife, but she failed to adhere to the command of the elderly persons. She made false complaints to higher officials and thereby lowered the age old reputation of the Appellant. She also initiated maintenance proceedings. Therefore, Appellant on the ground of cruelty filed an application for grant of divorce under Section 13(1)(ia) of the Act. He further pleaded that after reconciliation when Respondent was leading marital obligation with Appellant she on 13-10-1993 treated the Appellant with cruelty.

(3.) BOTH the parties in support of their respective case, adduced oral and documentary evidence. Learned trial Court meticulously appreciated the whole evidence and held that no cruelty was caused by the Respondent against the Appellant, therefore, dismissed the petition.