SATISH KUMAR JAIN Vs. USHA JAIN

JUDGEMENT

(1.) Feeling aggrieved by the judgment pronounced on 1st November, 2006 by the District Judge, Bhind, in Civil Suit No. 10/06 (Hindu Marriage Act) by which the petition under Section 13 of the Hindu Marriage Act, 1955, filed by the husband/appellant was rejected, the appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955. Before the learned Trial Court, it was not disputed that appellant married the respondent on 9-5-1983 according to Hindu rites. The parents and younger and elder brothers are also residing with the appellant. It is also not disputed that before filing of the petition, an effort was made by the relatives to keep the respondent separately in the parental house of the appellant and for some time 500/- rupees per month was being given to her as maintenance by the appellant. No child is born due to the wedlock of the appellant and respondent.

(2.) The appellant/husband filed the petition before the learned District Judge, Bhind, on the ground that after their marriage in the year 1983, they lived together for two years. The respondent often used to visit her maternal home. She started quarrelling with the appellant and was pressurising him to live separately. The appellant did not succumb to her pressure. But she was bent upon and was not prepared to live with the appellant's family. To avoid any untoward situation, the appellant made arrangements in his parental house so that the respondent can live separately in a portion. This arrangement was made as back as 18-19 years. Even then, she was not happy and she used to leave the house and visit her uncle (Mausa) Gyanchand Jain and to her maternal home.

(3.) After making arrangements for the respondent to live separately and giving all the articles received during the marriage she deprived the appellant of his marital life.