GULAB RAO Vs. INDU BAI

JUDGEMENT

(1.) THE appellant/applicant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 24. 12. 1996 delivered by Additional District Judge, Multai, District Betul in Civil Suit No. 8-A/1996 wherein the petition filed under Sections 13 (1) (i-a) and (ib) of the Hindu Marriage Act was dismissed.

(2.) THE admitted facts of the case are that the marriage between the appellant and respondent was solemnised on 7. 5. 1994 at village Aathner according to Hindu rites and customs and there is no issue from their wedlock. It is also the common ground that the respondent/wife has left the matrimonial house from 4. 2. 1995 and now she is living with her parents.

(3.) THE case of the appellant/applicant is that the respondent has stopped doing the house work and preparing the meals. It is alleged that the respondent/ wife has refused to perform the cohabitation and she insults the appellant alleging that his colour of skin is dark and he is of Gond community. The appellant has alleged that the respondent/wife has threatened him that if he will compel her for cohabitation then she will consume the Sulphas tablets and commit suicide. The appellant has averred that in spite of the persuasion, the respondent/wife has refused to do the domestic work and resume marital relation. That the respondent is intentionally ill-treating the appellant and extending the threat that she will involve the appellant and his family in the case of demand of dowry. That the respondent has left the matrimonial house and she has refused to return from her parental house to live with the appellant.