SHASHIKALA BAI SHARMA Vs. DURGA PRASAD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 14 -3 -91 of the Additional District Judge, Barwani passed in Civil Case No. 15 -A/89 whereby the respondent -husband has been granted a decree of divorce on the ground of desertion.

(2.) IN brief the undisputed facts of the case are that the husband filed a petition on 21 -S -87 with the assertions that the petitioner and respondent were married on 7 -5 -71. There was consummation of marriage. Both of them lived together for some time. However, they developed relations as such respondent (appellant here) filed an application under Section 125 of the Code of Criminal Procedure for maintenance. There was a compromise between the parties. Thereafter, both of them lived together at Kasarawad and Bediya. The last place where they lived together was Bediya -where the husband -petitioner is working as a teacher. There was exchange of notice between the panics. In the reply of the notice appellant -wife offered to live -with her husband (petitioner). Thereafter a notice was sent by the petitioner husband that he would come alongwith the relations for taking her to his house. On receiving (hit notice the appellant -wife refused to go alongwith the husband and made an allegation that he is having adulterous relation with Harkunwar Bai and in demanding dowry.

(3.) THE wife (appellant) denied the allegations' and submitted that she is ready to live with the petitioner and further pleaded that the petitioner is having adulterous relations with one Harkunwarbai and has been illegally demanding dowry (they demanded Motor -cycle, Locket etc. and such other articles).