MURARILAL Vs. SARASWARI

JUDGEMENT

(1.) By impugned judgment and decree the trial Court dismissed the petition for divorce under S. 13 of the Hindu Marriage Act, 1955 (Act for short) by the husband against the Hindu wife and allowed counter claim for recovery of Stridhan of the respondent wife from the appellant husband.

(2.) Parties were married on 5-5-1992 and cohabited in Gwalior. They had Ku. Puja, born in Dec. 1993 as an offspring.

(3.) As per petition, the respondent wife treated the appellant and his mother with cruelty. She used to abuse and beat the mother and even the appellant. In Dec. 1992 she brought a pesticide and threatened to commit suicide in case the mother of appellant was not shifted out of the house. Several times the respondent would lock the house and go somewhere to return only at 10 or 11 p.m. in night. She would not be available at home at time of his return from work. On asking she would abuse him and say that he has no right to check her. In May 1994, the brother of respondent had taken her with him without consent of the appellant. She had taken with her, her own ornaments, clothes and even the ornaments of the mother of the appellant. When the appellant went to her parents house, the mother and brother of respondent fought with him, assaulted him and threatened to kill him. The appellant with his relative Manohar Lal tried twice to bring back the respondent but was unsuccessful. Her mother and brother proposed that the appellant would have to live there as a Gharjamai at Ranipur. The appellant had come to know that the respondent had some illicit relations with someone and thus she was not ready to come back to her marital home. Hence, the petition.