DAYACHAND PORTE Vs. KAMLABAI

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment and decree dated 11.07.2011 of the Additional District Judge, Pendra Road, district Bilaspur passed in Civil Suit No.19-A/2011, whereby and whereunder he dismissed the petition of appellant filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955').

(2.) This is admitted by respondent that both the parties are Gond by caste, marriage of them was solemnized in accordance with the rights and rituals in 1997 at village Dadiya, after the marriage, she resided in her in-laws' house along with appellant in village Dhanora for 10-15 days and thereafter, she went her maternal house, twothree months after, she again came to her in-laws' house, now she is living in her maternal house since back three years from filing of the written statement.

(3.) In brief, the appellant's case is that respondent was saying that she does not like him, she does not want to lead conjugal life with him. She used to go frequently in her maternal house without the permission of him. On 20.04.2006, she voluntarily left his house. He had tried for her to return back to his house, but, she refused to live with him.