RAJENDRA Vs. MEENA

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') has been preferred by the husband against the judgment and decree dated 13-12-2001, passed by Additional District Judge Burhanpur, in C.S. No. 49-A/98, whereby his application under Section 13 of the Act for dissolution of marriage has been rejected.

(2.) It is not in dispute that the marriage between the appellant and respondent was solemnized at village Chahardi, Distt. Jalgaon (Maharashtra) on 7th of May, 1994.

(3.) The case of the appellant briefly narrated is that only 3 or 4 days after the marriage on the pretext of illness, the respondent deprived the appellant of the pleasures of marital life and informed him that she wanted to marry a teacher of village Chahardi but her parents married her with him against her wishes and only a few days after the marriage she started insisting for giving her maintenance and also for divorce. The appellant called the father of the respondent and apprised him about this fact. The father of the respondent advised her not to behave in such a manner. Thereafter, on persuasion of her father the respondent agreed to live with the appellant. She lived with the appellant at Pithampur, Nepanagar and Khalghat where he was in employment. The respondent always persuaded the appellant to accept Mahanubhav Panth. While she was living at Pitampur along with the appellant, the respondent in accordance with the belief of mahanubhav panth helped one Solanki in developing love and physical relations with a girl. When the appellant protested against this conduct of the respondent, she gave him a threat that she will commit suicide by pouring kerosene.