BADRI PRASAD Vs. URMILA MAHOBIYA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24-12-1997 in Civil Suit No. 4-A of 1997 by IV Additional District Judge, Jabalpur, whereby the application of the plaintiff/appellant under S. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act' for short) was dismissed, but he was directed to pay Rs. 1,000/- per month as permanent alimony to the non-applicant/wife.

(2.) The essential facts, leading to this appeal, stated in brief, are that the appellant/husband filed a petition under S. 13 of the Act praying for a decree for divorce on the ground that the respondent/wife treated the husband/petitioner with cruelty. The application was resisted by the respondent/wife.

(3.) The learned trial Court, by the impugned-judgment, held that the petitioner/appellant failed to prove that his wife, the respondent,treated him with cruelty. Therefore, the application of the husband/appellant for divorce was dismissed. However, he was directed to pay Rs. 1000/- as permanent alimony by the impugned-judgment.