BIJENDRA Vs. REKHA

JUDGEMENT

(1.) This appeal has been preferred under Section 28 of the Hindu marriage Act, 1955 (for brevity "the Act") being aggrieved with the judgment and decree dated 12th October, 2010 passed by Additional District Judge, Sabalgarh, Distt. Morena, in H. M. A. No. 9/10, whereby the petition under Section 13 of the Act preferred by the appellant/husband for divorce has been dismissed.

(2.) The brief facts of the case are that appellant/husband preferred petition under Section 13 of the Act for grant of decree of divorce pleading that marriage between the appellant and the respondent was solemnized according to Hindu customs and rites. After marriage the respondent lived with the appellant for a week and then returned to her parental home. After 15-20 days the appellant brought her to matrimonial home. Thereafter, the respondent started misbehaving with the appellant by calling him illiterate and rustic. It is further pleaded that behaviour of the respondent towards the family members of the appellant was also cruel. It is further pleaded that after marriage respondent came to her matrimonial home just for 3-4 times and after staying there for 10-15 days, she used to return to her parental home and during that period the appellant was not allowed to have sexual intercourse with her. On 30.11.2005 the respondent went to her parents home and despite appellant went to her parents home to take her back, she did not return. It is prayed that the marriage be dissolved and decree of divorce be granted.

(3.) In reply, respondent /wife denied the allegations levelled against her and submitted that appellant and his family members made dowry demands and used to ill-treat her. It was also pleaded that she is ready and willing to discharge her matrimonial obligations but appellant /husband doesn't want to keep her as wife. It is prayed that petition be dismissed.