OM PRAKASH Vs. KRISHNA BAI

JUDGEMENT

(1.) THIS is an appeal under. Section 28 of the Hindu Marriage Act, 1955, against the judgment and decree dated 16. 6. 1988 passed by the Additional District Judge, Gadarwara (district Narsinghpur) in Civil Suit No. 14-A of 1983 granting divorce under Section 13 of the Act to the respondent wife.

(2.) THE parties were married in the year 1978 in village Deori tehsil Gadarwara, district Narsinghpur, according to Hindu rites of marriage. A petition was filed by the wife respondent under Section 13 of the Act on the ground of cruelty and desertion.

(3.) THE case of the respondent is that after marriage, the appellant heavily drunk filthily abused the respondent and her parents on account of dowry. She was beaten by the appellant. Not only that, the appellant alleged that she (the respondent wife) is not chaste. She was confined in her room Her brother Sumersingh came to take her away. At that time also the appellant took out a pistol and alleged that she (respondent wife) is unchaste and she will be killed by him if she returns back again. The appellant asked the brother of the respondent to take her away immediately. She should not return back otherwise as she will lose her life or her cars and nose will be cut down by the appellant. The appellant drew her away from the house. She was thus debarred from matrimonial rights for about eight years. The appellant did not care to feed her or take her back to his house. The respondent, therefore, had to file a petition under Section 13 of the Hindu Marriage Act.