SANTOSH NAYAK Vs. SAVITA SHARMA

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal under Section 28 of Hindu Marriage Act is directed against the judgment and decree dated 23/6/2009 passed by Third Additional District Judge, Vidisha in Civil Suit No. 63 -A/ 2008 (HMA). The suit filed by plaintiff -husband for divorce under Section 13(1)(i -a)(i -b) of Hindu Marriage Act has been dismissed.

(3.) FACTS pleaded in the plaint are to the effect that marriage between the defendant -wife and plaintiff -husband was solemnized on 2/7/2006. It appears that since beginning, there were mental incompatibility between the two. There was no cohabitation between the two. More than eight years period has passed by since the day of marriage. There are allegations and counter allegations against each other. Plaintiff -husband has alleged that he had gone 2 -3 times at his in -laws place to bring defendant -wife, but it is defendant -wife who prefer to stay with her parents. Despite persuasion, she adopted typical hostility towards him and his parents and other family members. Reason for such 'don't care' attitude was never known to the plaintiff. Defendant -wife also threatened for doing suicide and never agreed to live in the family as member of the family. She behaved and talked rudely due to which atmosphere at home was totally disturbed and tensed. It is also alleged that as she had some illicit relationship with someone and therefore, she prefer to stay with her parents. In fact she never lived in the family like a daughter -in -law. With the aforesaid allegations, the suit is filed on the ground of cruelty and desertion.