RAJESH SHIVHARE Vs. ARCHANA SHIVHARE

JUDGEMENT

(1.) This appeal by the appellant/husband (hereinafter referred to as the appellant) under section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 15/05/2009 passed by District Judge, Shivpuri in case No.72/2008HMA dismissing the suit for divorce against the respondent/wife (hereinafter referred to as the respondent) filed under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act").

(2.) Undisputed facts between the parties are to the effect that marriage between the appellant and the respondent was solemnized on 15/06/2002 as per Hindu rites and customs. Since January, 2003, the respondent is residing with her father. As such, more than 11 years period has passed by, the appellant and respondent are living separately. As such, there is no cohabitation between the two is an admitted fact.

(3.) Furthermore, the appellant had filed a petition under section 9 of the Act before I Additional District Judge, Shivpuri vide HMA case No.39A/ 2003. This petition was dismissed based on compromise between the parties, on 01/05/2004. It appears that there was an agreement between the two that the appellant shall bring her back to his home. However, as discussed by the trial Court in the instant case with due advertence and critical evaluation of the evidence on record, the statement of the appellant that he had made several attempts to bring back the respondent to his house was found to be false. On the contrary, father of the appellant, Mohan Lal Shivhare has admitted that on 11/06/2004, the respondent had come to his house after due information to the police. As such, the statement of respondent to the aforesaid effect was found to be fully corroborated. Under such circumstances, the trial Court observed that the appellant had made a false statement of having complied with the conditions of the compromise entered between the two on 01/05/2004 . The appellant did not bring the respondent to his house.