RAMESH KUMAR Vs. KALPANA

JUDGEMENT

(1.) THE appellant -husband feels aggrieved by the judgment and decree dated 30th April, 1991 passed by Shri V.K. Choudhary, II Additional District Judge, Chhindwara in Civil Suit No. 78 -A/89 dismissing his application for divorce under Section 13 of the Hindu Marriage Act and challenges legality and validity thereof in this first appeal filed under Section 28 of the Act.

(2.) THAT the parties are legally married husband and wife is not in dispute. They were married on 8 -7 -1987 and lived together upto 17 -3 -1989, when the respondent was sent to her parents by order of the S.D.M. passed under Section 97 Cr.P.C. The application was moved on the ground that the respondent had treated the appellant with cruelty and hence be was entitled to a decree for divorce. Instances of cruelty are mentioned in paras -2 and 3 of the application. In para -2 of the application, it is mentioned that the appellant came to stay at Chhindwara in July. 1988 and started living in a rented house at Lalbagh. While, be was on his training duty at the B.T.I., the respondent used to go out of the house, after locking the same and used to return late. She also used to refuse to go to appellant's parents' home at village Ikalbihri. In para -3 incident dated 2 -2 -1989 is mentioned and it is alleged that on that date also the respondent had locked the house and was absent. Since this was objected to by the appellant, the respondent used violence against him. In para -4 of the application, it is alleged that the respondent has not behaved well with the members of his family, without specifying any incident or the person with whom the respondent has not behaved well.

(3.) THE learned Additional District Judge, on examination of evidence of the witnesses, held that the cruelty, as understood in law, is not established. That is how the application was dismissed and the matter is before this Court in this appeal.