NANDA Vs. JAGDISH

JUDGEMENT

(1.) Heard.

(2.) On 29/08/1999 marriage of the appellant and the respondent took place according to the Hindu rites at Bhilai. Subsequently, petition was preferred for divorce under Section 13 of the Hindu Marriage Act, 1955 on 7/07/2001 i.e. after two years of the marriage.

(3.) Averment which was made in the petition for divorce by the husband Jagdish respondent herein when is traversed through would purport that after marriage wife started misbehaving with the children of house and elderly people and the other relatives of the husband and unnatural conduct was shown. Narrating the incidents it was pleaded that without any information to anyone she used to loiter outside and there and used to murmur with self alone. It was further stated that on 10/09/1999 the husband went with the wife to Vishakapatnam i.e. her maternal home wherein after reaching she started quarreling with her mother and started abuse. Husband since had to come back to Bhilai his place of work mother initially was not aggreable to leave her with husband and after coming back to Bhilai she stated that she cannot live with the husband. It is pleaded that the wife used to roam around in very old dress outside the house and sometimes used to take bath in open courtyard. Having noticed, she was advised not to behave in such manner but she did not hear. It was further stated that wife used to sit outside the room, used to sit in the garage of house and boundary wall and the courtyard in the night at the time of sleep. It is further pleaded that the wife stopped the husband to lit the light and fan and forced the husband to drink liquor and any resistance to it wife reciprocrated that she would commit suicide and extended threat that she would kill the husband. It is further pleaded that the wife at times on several occasions left the home with her luggage and sit in the platform for 3-4 hours at Durg and every time after search when found she was to be taken back. Further it is pleaded that for 8-10 hours wife used to wander here and there without disclosing where she is going, however when she was advised not to do so she used to speak filthy language. It was further stated that she used to move out of the house and was brought back many a times in the night with the help of the other people. Further narrating facts it was stated that after 1 ' months of the marriage in the month of October when mother of the wife came wife started quarreling with her. The husband on such behaviour when made enquiry, the mother explained that she used to behave in such a fashion at some point of time. Thereafter, again wife went back to Vishakapatnam with her mother and after 15 days she came back and stayed for three months along with the husband. It was stated that wife used to murmur at the time of sleep in the night and used to oppose to sleep along with the husband. It was further pleaded that husband tried to console her wife but no change of behaviour was noticed and when she was advised not to do so unnatural behaviour filthy abuse were made in return.