RADHESHYAM Vs. RAJUBAI

JUDGEMENT

(1.) APPELLANT/petitioner has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 20-8-97 in Hindu Marriage Case No. 291/94 passed by learned IXth Additional District Judge, Indore, whereby the petition for divorce on the ground of desertion and cruelty was dismissed.

(2.) ADMITTED facts of the case are that the marriage in between the appellant and the respondent was solemnised in the year 1983 at Village Hatod, Tehsil Indore, according to Hindu rites and customs and they had a daughter Ku. Bhaona, who is from the wedlock and her age in the year 1994 was about 9 years. It is also the common ground that the respondent/wife is not living with the appellant/husband after August, 1986 and after August, 1986 she alongwith her daughter is living in her maternal house.

(3.) THE case of the appellant/petitioner is that the defendant was in habit of picking up quarrels, abusing and insulting the petitioner and his family members and she used to leave the matrimonial house without informing her husband. That the defendant was in habit of giving filthy abuses and she used to insult the petitioner and created the intolerable circumstances leading to the mental cruelty and that the defendant is running hotel with her father at Hatod Chouraha and she is earning about Rs. 1500/- p. m. That the defendant has refused to return to matrimonial house after the year 1986, although repeated efforts were made by the petitioner to bring her back. It is alleged by the petitioner that the defendant has taken her ornaments and other belongings and she is not willing to live with the petitioner. The petitioner has prayed for dissolution of marriage on the ground of desertion and cruelty.