PREM NARAYAN @ HALLEBHAI Vs. BANTI BAI

JUDGEMENT

(1.) The appellant, being aggrieved by the judgment and decree dated 07.11.2001 passed by First Additional District Judge, Sagar in Civil Suit No. 19-A/2001 for divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), thereby dismissing the suit filed by the appellant, filed present first appeal under Section 28 of the Act.

(2.) Brief facts of the appeal are that as per Hindu rituals, marriage of appellant/husband was solemnized with the respondent/wife seven years prior to the filing of the suit. Immediately after marriage the respondent came and remained with him for 2 days. Thereafter she again came to his house after one year and remained there for 8-10 days and lastly she lived with him in May, 1995 for about 10 days. During these three periods, the respondent/wife did not allow the appellant to have sexual intercourse with her. She treated him with cruelty and finally deserted him on 24.5.1995. Thereafter she never returned to his home.

(3.) Respondent/wife in her written statement denied all such allegations and stated that her husband used to demand Rs. 40,000/- for purchasing a tractor and on her denial he treated her with cruelty. At the time of. her pregnancy, appellant/husband beat her and removed her from his house. In the meantime, marriage was consummated and a girl (Rekha) was born from their wedlock. She further alleged that appellant/husband performed second marriage with Nirmala Bai, daughter of Barelal resident of Singpur, who had been living with him. Therefore, she had been living in her parental house. She filed a case against the appellant/husband under.Section 498-A of.IPC. She also filed a case under Section 125 of Cr.P.C., for maintenance for her and her daughter Rekha.