SUSHILA SHARMA Vs. CHINTAMAN SHARMA

JUDGEMENT

(1.) APPELLANT/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 31. 7. 1996 of dissolution of marriage on the ground of desertion passed in Case No. 61/95 by the learned IXth Additional District Judge, Indore.

(2.) THE admitted facts of the case are that the marriage in between the appellant and the respondent was performed on 9. 5. 1974 according to Hindu Rites and Customs. In the year 1978 a son and in the year 1981 a daughter was born from the wedlock. That the appellant has lived with her husband in the matrimonial house for 17 years and from the year 1990 the appellant is living separately from her husband. It is also not in dispute that the respondent/petitioner was doing the work of distribution of films. It is a common ground that the appellant wife has lodged a report against the respondent/husband of treating her with cruelty for demand of dowry and the police has filed charge-sheet against the respondent and the respondent has been acquitted by the Judicial Magistrate, First Class after the trial.

(3.) THE case of the petitioner is that the defendant has left the matrimonial house with all her belongings on 27. 5. 1990,and, thereafter, she has lodged a false report against him of cruelty on account of demand of dowry. That the behaviours of the defendant was improper and the cash from the house used to be stolen by the defendant and she was in habit of sending money to her brother. The petitioner has prayed for dissolution of the marriage from the defendant on the ground that she has deserted him from 27. 5. 1990 and she has done act of mental cruelty by lodging false report against him in the police station.