SUDHAKAR Vs. KALAVATI

JUDGEMENT

(1.) THE appellant (husband), has directed this appeal against the judgment and the decree dated 23. 4. 1991 passed by the ADJ, Indore in Case No. 186/1991 thereby dismissing the application filed on behalf of the appellant under Section 13 of the Hindu Marriage Act for grant of decree of divorce against the respondent.

(2.) BRIEFLY stated the facts of the case are that the parties are Hindu and they were married on 18. 11. 1981 in accordance With the Hindu religion and custom. Both the parties lived together as husband and wife till September, 1984 and out of the marital relationship between the appellant and the respondent, one daughter and one son were born to respondent Kalavati. Both the children remained in the custody of the respondent since 1984 when the parties have started living separately.

(3.) IN the application filed on behalf of the appellant, it was stated that after their marriage in 1981 they lived together till September, 1984 and from his wedlock, two children were born to the respondent. In September, 1984, respondent left the house of the appellant informing that, she is going to attend her ailing aunt residing at Bhalekaripura and thereafter she did not return to her matrimonial house in spite of the efforts made by the appellant for bringing her back to his house. It is also stated in the application that the respondent made false allegation against the appellant that she was beaten by her husband and his brother and they demanded money and the house belonging to her aunt, The aforesaid behaviour of the respondent caused mental cruelty to the appellant. As such, a petitioner under Section 13 of the Hindu Marriage Act was filed by the appellant before the Trial Court for grant of decree of divorce on the grounds of "desertion" and "cruelty" on the part of the respondent.