SANDHYA SHARMA Vs. RAVI SHARMA

JUDGEMENT

(1.) THIS appeal is filed under Section 28 of the Hindu Marriage Act by the appellant/petitioner against the judgment and decree passed in Civil Suit No. 101-A of 1994, decided on 30. 1. 2000 by 4th Additional District Judge, Jabalpur, wherein the petition filed for seeking divorce on the ground of cruelty was dismissed.

(2.) THE admitted facts of the case are that the marriage between the appellant and respondent was solemnised on 14. 6. 1990 at Jabalpur according to Hindu rites and customs and from the wedlock they have a daughter.

(3.) THE case of the petitioner/appellant is that the respondent/husband used to ill-treat and misbehave with her after consuming liquor and he had many times beaten her. The respondent/husband and his family members used to demand more dowry. That in 1991, the respondent dragged her and beat her by sticks and the neighbours intervened and pacified the respondent. The appellant has further alleged that on 4th June, 1993 her husband came back to the house in a drunken state and snatched the child and threw the child from the terrace. The respondent/husband used to habitually misbehave and ill-treat the petitioner. That on 23. 4. 1994 the appellant made a report in the Police Station Nagpur under Section 498a of the Indian Penal Code. That from last five years, the appellant is separately living from the respondent and there is no chance of their living together and the marriage has become actually dead. That the marriage between the appellant and the respondent be dissolved and decree of divorce under Section 13 (1) (ia) of the Hindu Marriage Act be passed.