DHARMENDRA SINGH Vs. RACHNA

JUDGEMENT

(1.) Plaintiff/Appellant has filed this appeal against the judgment and decree dated 23rd April, 2010 passed in Case No.4/09 HMA, whereby the trial court has refused to grant a decree of divorce in favour of the plaintiff.

(2.) Plaintiff pleaded that the marriage between him and the defendant/respondent was solemnised on 7/5/2004 as per Hindu rituals at village Pur. The defendant performed matrimonial obligations after the marriage upto a period of near about two years. However, after the aforesaid period, the nature of the defendant was changed. She used to quarrel with the plaintiff and his family members. She left her matrimonial home on 16/4/2006. Thereafter, the plaintiff had gone so many time to contact the defendant but she refused to go with him. A notice was sent on 26/5/2007 in this regard, but in spite of notice, the defendant did not turn up. A suit for restitution of conjugal rights was also filed, but it was dismissed on 5/3/2008. The plaintiff further pleaded that the defendant deliberately did not go to the house of the plaintiff.

(3.) The defendant in her reply denied the pleadings in the plaint. The defendant further pleaded that the plaintiff and his family members made a demand that because the defendant does not have brother, hence, half of the land and the house situated at Bhind be transferred in favour of the plaintiff. When the defendant and her family members refused to do it, she was treated with cruelty and was forced to leave the house of the plaintiff. The defendant had not been given proper meal and she had also been beaten, hence, in that situation, she had no option but to leave the house of the plaintiff, since then, she has been living with her parents. It was also pleaded that a suit for restitution of conjugal rights filed by the plaintiff was also rejected.