BADRI NARAYAN Vs. SAVITRI

JUDGEMENT

(1.) THIS appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as the 'act' for short), is directed against the judgment dated 4. 12. 1996 in Civil Suit No. 83-A/95, by Vth ADJ Rewa, whereby the petition of the husband/appellant under Section 13 of the 'act', praying for decree of divorce against his wife-the respondent, was dismissed.

(2.) UNDISPUTABLY the marriage between the parties took place on 9. 2. 1985 at village Rajarwara according to Hindu rites and customs. The respondent/wife after marriage resided at her matrimonial home for sometime, and thereafter went back to her parents' house. In 1986 after 'gauna' ceremony she came back to her matrimonial home.

(3.) THE appellant/husband averred that his wife did not permit him to have marital relations with her on the pretext that she was not well. It was further averred that the respondent used to misbehave and threaten that she would commit suicide by self immolation or jumping into the well. On 15. 4. 1990 the respondent tried to commit suicide by consuming poisonous substance. However she was saved. The respondent also tried to administer poison to the appellant's mother on 12. 3. 1992, 14. 3. 1992 as also on 4. 4. 1992. The behaviour of the respondent as above, amounts to cruelty and the appellant/husband claimed that a decree for divorce may be granted to him.