MAMTA TIWARI Vs. SATYANARAYAN TIWARI

JUDGEMENT

(1.) THE appellant/wife has filed the appeal Under Section 28 of the Hindu Marriage Act against the judgment and decree dated 26. 9. 1997 passed by the IVth Additional District Judge, Jabalpur in Civil Suit No. 7-A/1997 wherein the marriage was dissolved on the ground of desertion by a,decree of divorce.

(2.) THE admitted facts of the case are that on 18. 5. 1994, the marriage between the parties was solemnised at Satna according to Hindu rites and customs and the appellant/wife left the matrimonial house on 24. 6. 1996.

(3.) THAT the case of the respondent/petitioner is that after the solemnisation of the marriage, the appellant/wife refused to do the domestic work and she started insulting her husband and his family members. That on 20th June, 1994 the appellant/wife went back to her parents' house and after considerable persuasion by the husband she came back to the matrimonial house. Respondent/ husband has averred that ultimately in the last week of December, 1994 the appellant/wife has left the matrimonial house and in spite of the repeated efforts by the respondent/husband and his family members she refused to return and join the matrimonial house. It is alleged that the appellant/wife used to say that she did not like the town of Jabalpur and she broke her bangles before her husband and took oath that if she is pursuaded to live with the husband, then she will commit suicide. The respondent has prayed that his wife has without rhyme or reasons left the matrimonial house for more than two years and her behaviour is cruel and as such the marriage be dissolved by a decree of divorce Under Sections 13 (l) (ia) and (ib) of the Hindu Marriage Act.