KOSHALYA BAI Vs. DAGDOOLAL MATRE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 11. 7. 1994 in Civil Suit No. 50-A/92 by Additional District Judge, Harda granting a decree of divorce under Section 13 (l) (i-a) of the Hindu Marriage Act, 1955 (hereinafter called as 'act' for short ).

(2.) THE parties admittedly were married according to the Hindu customs on 15. 5. 1991 at village Bhaura, District Betul. After marriage the appellant/wife resided with respondent/husband for a period of about one month at village Bhaura, Tahsil Shahpet.

(3.) THE case of the respondent/husband was that after the marriage he discovered that his wife-the appellant was ailing since last many years. The appellant/wife also disclosed to her husband/respondent mat her father married her against her wishes with the respondent, so that he could get rid of the worries ' about the appellant. The respondent/husband also averred that the appellant/wife used to maltreat him by his family members. She would humiliate and insult the respondent/husband by calling him a patient of tuberculosis. She also abused the respondent/husband and his close relatives, including his parents. The respondent tried to persuade the appellant not to behave in the above manner, but the appellant/wife persisted in her mis-demeanour. Therefore, a decree for divorce was sought on the ground of cruelty.