ISHWAR DEI Vs. CHHEDU

JUDGEMENT

(1.) THIS is a revision application arising out of the plaintiff's suit for dissolution of marriage.

(2.) THE suit was brought by the plaintiff on the ground that the defendant had after his marriage with the plaintiff treated her cruelly. THE plaintiff who was the wife levelled various charges-against the defendant. THE defendant was alleged to have ill-treated her. It was also alleged that the defendant was guilty of adultery and immorality. THE plaintiff claimed a decree for dissolution of marriage on the basis of a custom prevalent in the Murao community to which the parties belonged and according to which the wife was entitled to divorce the husband. THE defendant denied the allegations made by the plaintiff against him. THE case of the defendant was that the plaintiff used to give away grain to her parents. THE defendant took objection to it and started keeping a watch over it. This annoyed the plaintiff who deserted the defendant and the present suit is the result of the strained relations between the parties as a result of the above conduct of the plaintiff. THE defendant further denied that any custom as alleged by the plaintiff existed. On the other hand he set up a counter-custom which gave a right of divorce not to the wife but to the husband. In the alternative the defendant pleaded that even if any such custom was proved, it would be against public policy.

(3.) AGAINST the judgment of the lower Court allowing the appeal the plaintiff Mt. Ishwar Dei has filed this revision.