NIRVENDRA Vs. SADHNA

JUDGEMENT

(1.) APPELLANT/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 30. 8. 1997 of the Ist Additional District Judge, Alirajpur, District Jhabua in Hindu Marriage Case No. 6-A/97, whereby the decree of dissolution of marriage was passed on the ground of desertion.

(2.) ADMITTED facts of the case are that the marriage in between the appellant and the respondent was performed on 27. 6. 1989 at Alirajpur according to the Hindu rites and customs and they have no issue from the wedlock. It is also not in dispute that after the marriage the respondent/petitioner lived with her husband only for about two months and she left the matrimonial house in the month of October 1989 and since then she is living separately.

(3.) THE case of the petitioner is that after the marriage the defendant started treating the petitioner with cruelty for fulfilling his greed of dowry and she was physically assaulted by her husband and she fainted therein, but her husband has not taken any care; that the defendant has not made any attempt to keep the petitioner in the matrimonial house and he has permanently left her; that the marriage be dissolved on the ground of cruelty and desertion. The defendant has denied that he has beaten his wife or he has ousted her from the matrimonial house.