BALRAM PRAJAPATI Vs. SUSHEELA BAI

JUDGEMENT

(1.) THE appellant/petitioner has filed this appeal Under Section 28 of the Hindu Carriage Act challenging the judgment and decree dated 18. 1. 1999 passed by the Additional District judge, Khurai, District Sagar in Civil Suit No. 42-A/96 dismissing the petition for dissolution of marriage filed Under Section 13 of the Hindu Marriage Act.

(2.) ADMITTED facts of the case are that the marriage in between the petitioner and the respondent was solemnised on 10. 3. 1978 at Bina, District Sagar according to Hindu rites and customs. It is also the common ground that they did not have any issue from the wedlock and after the month of June, 1996 the respondent/ non-applicant had left her matrimonial house.

(3.) THE case of the appellant /petitioner is that because for 3 years there was no issue from the wedlock, the petitioner/husband tried to get the respondent/, wife medically examined and treated but she had refused to get the medical treatment and her behaviour with the appellant and his parents became aggressive, insulting and cruel. The appellant has alleged that the respondent /wife has lodged many false reports in the police against the appellant and she levelled false allegations that the appellant drenched her with kerosene oil to set her on fire. That it has become torturous and impossible to live with the respondent/wife. The appellant has alleged that the respondent is suffering from incurable venerable disease.