SANDIP Vs. ARUNA

JUDGEMENT

(1.) THE judgment and order dated 17-9-2003 passed by additional District Judge, Shrirampur in R. C. A. No. 32/2001, rejecting Divorce by setting aside the judgment and decree passed by Civil Judge, Senior Division, shrirampur in Hindu Marriage Petition No. 75/1999, is under challenge by husband.

(2.) THE parties are referred for convenience as husband and wife and at places with their first names Sandeep and Aruna. The marriage dated 10-2-1996 is in existence. According to husband, the petitioner barely resided for initial eight days, then she left with her brother Somnath and thereafter she was in his company for 6-7 months. Even, during this short span, the wife caused mental trouble to the husband and his mother.

(3.) ON 26-1-1997. the wife-Aruna went to her parents house with her brother Vijay and in March, 1997, she delivered a child. The petitioner/husband made all efforts for cohabitation,, but he was abused and driven away by the wife. Consequently, a notice was issued, asking the wife to join him. The wife did not comply. There was desertion and decree for divorce was sought. The proceedings under section 125 of Criminal Procedure Code and also 498-A of indian Penal Code by wife has caused mental torture to the husband, providing additional avenue to seek divorce.