LAXMIBAI Vs. SURESH CHANDRA

JUDGEMENT

(1.) APPELLANT/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 31. 8. 2001 in Civil Suit No. 62/2000 passed by the learned Additional District Judge, Shujalpur, whereby the marriage was dissolved by a decree of divorce on the ground of cruelty and desertion.

(2.) ADMITTED facts of the case are that the marriage in between the petitioner and the defendant was solemnized in the year 1992 according to the Hindu rites and customs and that they have no issue from the wedlock. It is also not in dispute that the appellant wife is living separately from the respondent-petitioner from 1996 and that the petitioner has filed this divorce petition on 9. 12. 2000. It is also not in dispute that the appellant has lodged a report in the police against her husband and her husband along with his Bhabhi has been convicted by the Judicial Magistrate, First Class for an offence punishable under Section 498-A of the Indian Penal Code.

(3.) THE case of the petitioner is that his wife is ill-tempered. She habitually insulted and misbehaved with the petitioner and his parents. That the defendant has left the matrimonial house without informing the petitioner and she has refused to resume the relation inspite of repeated efforts by the petitioner. It is further alleged by the petitioner that the defendant has lodged a false report of the demand of dowry on 27. 5. 1998 against the petitioner and his Bhabhi and the petitioner and his Bhabhi are being unnecessarily harassed in the criminal case filed on the basis of the false report by the defendant. That the defendant has deserted the petitioner for more than two years.