RAJNI Vs. SHANTILAL

JUDGEMENT

(1.) THIS in an appeal by the wife against the judgment dated 22. 11 88 passed by the Vth Additional Judge to the Court of District Judge, Indore in Hindu Marriage Act Case No. 51/82 whereby the respondent husband's application for divorce under Section 13 of the Marriage Act has been allowed.

(2.) THE facts giving rise to this appeal briefly stated, are as follows : --

(3.) THE case of the applicant husband is that after the marriage of the non-applicant wife came to the house of the applicant only two or three times and that she was not doing any house-hold work and was always saying that she was sick and that she used to go to her father's place at Jaipur after one or two months from the house of the applicant. The applicant also alleged that the non-applicant wife used to give threats that she would commit suicide and at one time she took some poisonous substance and tried to commit suicide and she always refused cohabitation. It is alleged by the applicant that the non-applicant went to her father's place in July, 1980 and did not return since then as she did not want to live with him. The applicant alleged that ornaments to the tune of 20 Tolas of gold which were presented to the non-applicant wife from the side of the applicant husband were also take away by her to her father's place. The applicant further alleged that the mental condition of the applicant was not good and she was admitted in Jaipur Hospital for her treatment by her father and so it was not possible for the applicant to live with the non-applicant. The applicant husband also alleged that so much mental tension had been created by the non-applicant to the applicant that it had not been possible for him to live with the non-applicant.