KAMLAKANT JOSHI Vs. SANTOSHBAI PANDYA

JUDGEMENT

(1.) APPELLANT-PETITIONER has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 16. 5. 1997 in Hindu Marriage Case No. 370/92 passed by IXth Additional District Judge, Indore whereby the decree of judicial separation is passed on the ground of cruelty.

(2.) THE admitted facts of the case are that the marriage in between the appellant and the respondent was solemnized according to Hindu rites and customs in the year 1982 and they had one daughter Sapna from the wedlock and the daughter is living with the appellant petitioner. It is also the common ground that the respondent wife has left the matrimonial house and living in her parental house from the year 1991.

(3.) THE case of the petitioner is that his wife defendant has sent a notice to him on 13. 9. 1992 alleging that the petitioner is having the illicit relations with the wife of his brother viz. Radhabai. It is further alleged that the defendant has refused to resume the matrimonial relation inspite of the efforts by the appellant to bring her back and as such the marriage be dissolved by the decree of divorce on the ground of mental cruelty.