SHRIKANT Vs. SAROJ

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act' for short) has been preferred against the judgment and decree dated 12-5-1998 in Civil Suit No. 2-A/1997 by District Judge, Panna whereby the petition under Section 13 of the 'Act' by the appellant seeking divorce against the respondent wife has been dismissed.

(2.) Undisputably parties were married in January, 1990 at village Kanti, Tahsil Gunnore, District Panna. Gauna ceremony took place in November, 1992 whereafter, the respondent/wife lived in the matrimonial home for some time. She thereafter visited her parents' home twice till April, 1994. In April, 1994, she went along with her father to her parents' home. She did not reside with the appellant/petitioner after April, 1994. It is also not in dispute that the petitioner/appellant served two notices to the respondent/wife asking her to return back to the matrimonial home, which were duly replied to by the respondent/wife through her counsel.

(3.) The petitioner/appellant averred in his petition under Section 13 of the 'Act' that his wife/respondent did not return back to him after she left the matrimonial home with her father on 30th April, 1994, despite several efforts made by the appellant/husband to bring her back. It has been averred in the above context that on four occasions, the appellant or his brothers went to the parents' home of the respondent/wife, but they could not succeed in bringing her back. It has, therefore, been averred that the respondent/wife has deserted the appellant. It was further averred that the respondent treated the appellant and his family members with cruelty, when she was living with them in the matrimonial home. A decree for divorce on the afore-mentioned grounds was sought.