SUGAND BAI Vs. RAMCHANDAR BALAHI

JUDGEMENT

(1.) THIS is an appeal by the wife under Section 28 of the Hindu Marriage Act, 1955 against the order dated 18-9-1989 of the First Additional Judge to the Court of District Judge, Sehore refusing to grant a decree of divorce on the alleged ground of cruelty. The case of the wife, in brief, was that the husband used to physically assault the wife and ill-treat her. A specific case of physical assault pleaded was that the husband caused injury on the head of the wife with a sickle and chain.

(2.) THE husband opposed the petition for divorce denying the alleged acts of cruelty on his part. His case was that they lived a happy married life for more than ten years but they had no issues. The husband alleged that the wife deserted the house of the husband and left matrimonial home along with her uncle.

(3.) ON the pleadings and evidence led by the parties, the trial Court by the judgment under appeal reached the finding against the wife and held that the alleged acts of cruelty were neither proved nor they were trustworthy. The petition for divorce filed by the wife was, therefore, dismissed.