BUTTI Vs. GULAB CHAND PANDEY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 31-1-1998 in Civil Suit No. 34-A/96, by District Judge Satna, allowing the respondent/husband's petition for dissolution of marriage and divorce.

(2.) Undisputably, the parties were married about 15 years prior to the filing of the divorce petition by the husband/respondent. Two daughters were born out of the said wedlock. The parties are now not residing together and the appellant/wife at present is living at village Pindra with her father along with her daughters. On the report of the appellant/wife a criminal case for an offence punishable under Section 498-A of the Indian Penal Code , was registered by Police Station Uchehra and charge sheet has been field against the respondent/husband and others, in the Court of Judicial Magistrate First Class, Nagod.

(3.) The respondent/husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act' for short), praying for a decree of dissolution of marriage and divorce alleging that the father and brother of appellant/wife used to pressurise the respondent/husband to secure his share in the family property after getting it partitioned and shift to village Pindra, where father and brother of the appellant/wife reside. However, the respondent/husband was not inclined to accede to their demand as above. Hence, the appellant/wife along with her daughters left the matrimonial home in December, 1991 and started residing with her father at village Pindra against the wishes of the respondent/husband. The respondent/husband further averred that despite his efforts to bring back the appellant/wife with him, she did not come back and has thus deserted the respondent/husband for the last five years. It was also averred by the respondent/husband that the appellant/wife lodged a false report against him on 22-5-1995 at Police Station Uchera, on account of which the respondent/husband, his father and uncle were arrested by the Police on 25-5-1995. The respondent/husband averred that the appellant/wife is not performing her matrimonial obligations and has thus been treating him with cruelty. Therefore, the respondent/husband prayed for dissolution of marriage and decree of divorce.