INDUMATI Vs. DEWARAM

JUDGEMENT

(1.) THIS appeal is directed against to judgment and decree dated 1.5.1992 of the Addl. Judge to the Court of District Judge, Indore passed in Special Marriage Case No. 411/91 whereby the plaintiff's petition for restitution of conjugal rights has been dismissed and the prayer ,of respondent for divorce has been granted.

(2.) THE admitted facts of the case are that the parties were married on 2.11.1982 under the Special Marriage Act. They were living together for some time.

(3.) THE respondent had denied the contention of the petitioner and pleaded that the petitioner herself refused to carry out the merital obligations of conjugal rights and she made false complaint against him to his superior officers including the complaint for demand of dowry and contracting second marriage. The same was inquired but later on the petitioner withdrew her complaint and thereafter again made false complaints. This has caused mental agony to him and therefore, he sought a decree of divorce.