ALOK KUMAR JAIN Vs. RAJNI BALA JAIN

JUDGEMENT

(1.) APPELLANT/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 24. 7. 1997 in Civil Suit No. 51-A/1982 (New No. 11-A/1989) passed by the IIIrd Additional District Judge Ratlam, whereby the petition filed for divorce on the ground of cruelty and desertion was dismissed.

(2.) ADMITTED facts of the case are that the marriage in between the appellant and the respondent was solemnized on 29. 1. 1982. at Ajmer according to the Hindu rites and customs and that they have no issue from the wedlock. It is also not in dispute that the defendant wife has lived only for about two months with her husband after the marriage and, thereafter, on 30. 5. 1982 the respondent has left the matrimonial house at Ratlam and went back to her maternal house at Ajmer and, thereafter, she did not return back to live with her husband. It is also a common ground that the respondent has filed on application under Section 125, Cr. P. C. for maintenance in the Court of Judicial Magistrate, First Class at Ajmer. It is also the common ground that the appellant/petitioner has filed this petition for the divorce Section 13 of the Hindu Marriage Act on 17. 8. 1989.

(3.) THE case of the petitioner is that the defendant was in habit of quarrelling and abusing the petitioner and his mother and she attempted to assault his mother and made the atmosphere of the house dirty and abnormal. That the defendant left the matrimonial house without the consent of the petitioner and she has refused to live with her husband.