KESHAV DEVI MISHRA Vs. PRADEEP KUMAR MISHRA

JUDGEMENT

(1.) THIS is an appeal by the wife under Section 28 of the Hindu Marriage Act, 1958 (in short 'the Act'), against the judgment and decree of divorce dated 13. 10. 1988 passed by Additional District Judge Sedhora, Camp Katni, for alleged grounds said to have been proved against the wife of desertion and cruelty.

(2.) THE husband sought decree of divorce on pleadings inter alia that the parties were married on 1. 5. 1982 and they have a female child aged about three years. The allegations of cruelty against the wife are that she always ill-treated the husband and his parents and used to abuse them and assault the husband. It was also pleaded that in November 1983, the wife on the pretext of visiting her maternal uncle left with her father from the matrimonial home at Katni for Sagar and never returned thereafter. She took along with her all her clothes, ornaments and Rs. 5000/- in cash. The husband also alleged to have made attempts to bring her back, but she refused.

(3.) THE wife contested the divorce proceedings. Apart from denying the allegations made against her by the husband she pleaded that after birth of a female child to her the behaviour of the husband and his parents was very much humiliating and of harassment. On the question of desertion her case was that before four-five days of Dusheharah of the year 1984, the husband left her at her father's place in Ashok Colony Katni and instructed her to return to the matrimonial home at Katni on the day of Dusheharah. The wife is alleged to have gone back to the matrimonial house on the Dushehrah day where the husband refused to receive her and after quarrelling and beating drove her out of the house. The wife also alleged that the husband has contracted a second marriage secretly with a lady by name Shakun of Gadarwara. In order to prove his case the husband got himself examined as P. W. 1 and den l that the wife did not know good cooking and on 15. 8. 1983 in the presence of Umadutta Tiwari (P. W. 2) said to be a friend of the father of the wife slapped the husband on his cheek. The husband also deposed that the wife has deserted him since November 1983 and her version that she was left at her parental house by the husband during Dusheharah of 1984 was denied. To supper his case the husband examined Umadutta Tiwari (P. W. 2) who stated in his deposition that on the husband asking the wife to serve food to him on his visit, the wife slapped the husband in his presence and thereafter he tried to intervene and console the parties. On the issue of desertion Umadulla Tiwari (P. W. 2) stated that in November, 1983 on the request of the father of the wife he had come to the matrimonial home of the parties and brought the wife finally along with her ornaments and lugggae to Sagar.