HIRDAYSHAY Vs. NUTANBAI

JUDGEMENT

(1.) This is an appeal filed by the appellant/husband under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act") against the judgment and decree dtd. 19/12/2000 passed by Second Additional District Judge, Balaghat in Hindu Marriage Case No. 2-A/99, whereby his case filed under Sec. 13 of the Act, has been dismissed.

(2.) The brief facts of the case necessary for the adjudication of this appeal are as under:-

(3.) The case of the appellant/husband is that without any reasonable cause, his wife has deserted him since 1991-92. He further states that the respondent/wife tried to falsely implicate him and his parents, and with an oblique motive, she lodged a report at the Police Station so also filed a private complaint. According to the appellant/husband, in order to rope the appellant and his parents into a false criminal case, the respondent/wife jumped into the well whereas there was no marital relationship between them for more than 9 months before the birth of second child. Therefore, the appellant prayed for decree of divorce on the ground of adultery, cruelty and desertion under Sec. 13(1)(i), 13(1)(i-a) and 13 (1) (i-b) of the Act respectively.