ANIL KUMAR RATHORE Vs. SHASHI RATHORE

JUDGEMENT

(1.) The appellant, being aggrieved by the order dated 20-4-1995 passed in R.C.S. No. 221-A/90 by Illrd Additional Judge to the Court of District Judge, Bhopal dismissing the suit of the appellant/plaintiff, has filed present first appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').

(2.) Brief facts of the appeal are that the marriage of appellant was solemnized with the respondent in the year 1975 and out of their wedlock, three children were born. Since the inception of their marriage, the respondent started misbehaving, abusing and ignoring him even in front of his friends and relatives. The respondent even did not care for the food of appellant and insulted him on many occasions at his shop. She used to visit the house of her parents, which is in Guna, without his prior permission or intimation to him. In the year 1990, without any reasonable cause, the respondent on her own alongwith her children left the home of the appellant and proceeded to Guna and on return to his home, she again repeated the same behaviour. The respondent also filed a complaint against the appellant under Section 498-A of Indian Penal Code, which is pending for consideration. The appellant submitted that the respondent behaved in cruel manner with him. Being dissatisfied with her, the appellant/ husband has filed a suit under Section 13 of the Act for seeking divorce against the respondent on the ground that both of them are living separately and there is no possibility of amicable settlement between them in future.

(3.) The respondent/wife in her written statement pleaded that the allegations made by the appellant/husband were absurd and insulting. She also submitted that she never treated the appellant/husband with cruelty. According to .her, the husband was ill-treating and misbehaving with her and making absurd allegations against her. Insofar as question of desertion was concerned, she contended that she was not living separately on her own accord . but in fact, she was forced to live separately because the appellant/husband was not ready and willing to live with her due to his illicit relationship with other ladies. He did not like her and used to abuse and beat her and ultimately deserted her.