DEVIDAS Vs. GYANWATI ALIAS SHEEL RANI

JUDGEMENT

(1.) This appeal is directed against the judgement and decree dated 22-1-1990 passed by Distt. Judge, Damoh in Civil Suit No. 22-A/88 whereby the petitioner's (appellant/husband) petition for divorce has been dismissed on the ground of condonation.

(2.) The admitted facts of the case are that the petitioner Devidas was married to Gyanwati alias Sheela Rani somewhere in 1988. They were living together in the paternal house of the petitioner where his other relations (father, mother and brother) were also living. There was some dispute. A panchayat was held. Thereafter petitioner and respondent separated from the joint family and lived together for about 7-8 months. During her residence as such the respondent was taken to her father's house by her father. She is living with her father till date.

(3.) The petitioner filed a petition for divorce under S. 13 of the Hindu Marriage Act on 13-12-1988 with the allegations that while residing with him in his paternal house respondent tried to commit suicide twice. The respondent did not like to live along with the joint family. As such she was pressurizing him (husband) to ask for partition and wanted separate residence. Petitioner declined to do so and therefore she tried to commit suicide as stated above. It has further been submitted that this amounts to cruelty. The respondent is likely to commit suicide on some pretext and that may cause harassment to the petitioner and further a risk of prosecution as well.