RAMESH CHANDRA Vs. PADMABAI

JUDGEMENT

(1.) THIS an appeal filed by the husband against the judgment and decree dated 29. 3. 1989 passed by the Ist Additional Judge to the Court of the District Judge, Dewas in civil Suit No. 6-A of 1988 whereby the appellants application under Section 12 of the Hindu Marriage Act has been dismissed.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: The appellant-applicant filed an application for divorce under section 13 of the Hindu Marriage Act on the ground of adultery. The appellant husband Ramesh chandra alleged that he was married to the respondent Padmabai on 17. 6. 75 in Shivpurkalan, District Morena, in accordance with Hindu rites and custom. After marriage Padmadai stayed for two days and then returned to her Parents. On 21. 2. 76 'gaun' ceremony was performed and the husband Ramesh chandra took her to Ujjain on 23. 2. 76 where they lived together upto the 4th week end of March. Thereafter Padmabai went with her father to her parents house. In the first week of April, 1977 Padmabai came to live with the appellant-husband and returned with her father in the last week of April without the consent of the appellant. Then after a year on 2. 5. 78 a daughter was born to the respondent Padmabai. It is alleged that from April, 1977 till 2. 5. 78 the appellant had no access to his wife the respondent, which shows that the respondent had illicit connection with some other person.

(3.) IT is further alleged by the appellant-applicant that on 21. 9. 82 the respondent-wife came to her in-laws with her daughter accompanied by her father and although the father of the respondent was asked to take back the respondent and her daughter, they were left behind at the appellant's place. The respondent stayed in an atmosphere of opposition. On 5. 11. 82 the appellant had left for Gwalior in connection with some work and on 8. 11. 1982 the father of the respondent came to Dewas and he and the respondent made complaint to the Collector and Sub-divisional Magistrate and submitted affidavits. There after the respondent returned with her father.