VIVEK Vs. VANITA

JUDGEMENT

(1.) APPELLANT/petitioner has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 28. 4. 2000 in Hindu Marriage Case No, 38/99 passed by the learned IXth Additional District Judge. Indore, dismissing the petition filed for divorce on the ground of cruelty and desertion.

(2.) ADMITTED facts of the case are that the marriage in-between the appellant and the respondent was performed on 20. 5. 1987 at Indore according to the Hindu rites and customs and they have two sons Jaisingh and Achalsingh from the wedlock and that Jaisingh is living with the appellant and Achalsingh is residing with the respondent. It is also common ground that the respondent/defendant is living separately from her husband since February '96. That the appellant/ petitioner has filed a Case (No. 228/96) against the respondent/defendant for restitution of conjugal rights and the defendant has refused to live with the petitioner and, thereafter, the appellant/petitioner has withdrawn the case. It is also the common ground that the defendant has made a report in the Police Station, Juni, Indore against the petitioner under Section 498-A of the I. P. C. and the Police has filed charge-sheet before the Additional Chief Judicial Magistrate, Indore and the case is registered as 2988/96.

(3.) THE case of the petitioner is that the defendant is indulging in the political activities and contesting the election without the permission of her husband and in spite of the repeated requests by the petitioner to look after the family and not to indulge in the political activities the defendant has refused to listen the advice of the petitioner that the defendant has contested the election of the Municipal Corporation in 1994 and she used to live outside the house even in the night hours and, thereafter, on 6. 2. 1996 she has left the matrimonial house with her younger son Achalsingh and, thereafter, she refused to resume the relations even after repeated requests by the petitioner and even on filing of the petition for restitution of conjugal rights. The petitioner has prayed for dissolution of the marriage on the ground of desertion and cruelty.