SHRINATH AGARWAL Vs. ANJALI AGARWAL

JUDGEMENT

(1.) Present appeal is directed under Section 28 of the Hindu Marriage Act, 1955 (in short 'HM Act') against judgment dated 9.1.2001 passed by III Additional District Judge, Bhopal in Civil Suit No. 334/1999 by which the petition of appellant-husband for divorce on the grounds of cruelty and desertion under Section 13 of the HM Act has been dismissed. On 26.2.1988 at Gaytri Shaktipeeth Mandir, Bhopal, appellant and respondent entered into a wedlock as per Hindu religion, rituals and rites. It was the second marriage of both the parties. Out of previous wedlock, respondent wife had a daughter Ku. Amiya born in 1985. Appellant was working as an Assistant Professor in MG Medical College, Bhopal and respondent was working as Assistant Professor in Nutan College, Bhopal. Parents of both the spouses used to live in their respective houses in Bhopal. After marriage, respondent came to live in the house of parents of the appellant E-3/38, Arera Colony, Bhopal.

(2.) According to divorce petition, respondent started ignoring the appellant and his family members. Respondent started spending more time in the house of her parents. At times, she refused to cook food for him even in emergency too. Such rude behavior and conduct of respondent towards the appellant and his family members was not acceptable, resulted in stress and frustration for the appellant.

(3.) The appellant also averred that in February, 1989, respondent conceived pregnancy but she was not interested in birth of child. At her behest, on 13.4.1989 she managed the abortion, against the will of the appellant. In November, 1989, respondent conceived pregnancy for the second time and again against the will of the appellant on 15.1.1990 succeeded in abortion. Respondent expressed her disinterest in physical relations and in further pregnancy with the appellant.