UMA KANT Vs. SHAKUNTALA

JUDGEMENT

(1.) This appeal by the original petitioner is directed against the judgment and decree passed by the trial Court, dismissing his petition for dissolution of marriage by a decree of divorce and in the alternative a claim for judicial separation.

(2.) Appellant Umakant married with respondent Shakuntala on 26-6-1981 at Wardha. Immediately after marriage Shakuntala joined a company of her husband at Amravati. From Amravati on one or two occasions she visited the place of her parents at Wardha. However, on 30-7-1981 she left Amravati with her parents. On 31-7-1981 and 1-8-1981 news item appeared in the local news paper describing the torture by in laws of respondent with a view to extract the amount of dowry. According to the appellant, there was no cause for such publication. They never made a demand of a dowry nor given any torture or ill-treatment. The respondent with an ulterior motive to lower down the prestige and honour manipulated and caused the publication of a news item. The petitioner then alleged that on 16-8-1981 the respondent Shakuntala went to the office of the appellant-petitioner and abused him in presence of his colleagues and superior.

(3.) The appellant further avers that the respondent did not join his company after she left on 30-7-1981. He made several attempts to bring her back to her matrimonial home. He also sent some middlemen but it was without any consequence. Consequently on 16-3-1981 he issued notice Exh. 33 calling upon her to join his company. Despite the notice she did not return to Amravati.