SURESH Vs. JAISHRI

JUDGEMENT

(1.) This appeal is directed against the judgment of the Fifth Additional judge to the Court of the District Judge, Indore, in Civil Suit No. 46 of 1982, dismissing the husband-appellant's petition under Sec. 13 (l)(ia) of the Hindu Marriage Act praying for a decree of divorce on the ground that his wife J Tishri h1 I treated him with cruelty, with costs of the suit.

(2.) The appellant Suresh and his wife Jaishri are Hindus. They were married on 14.5-1977 according to Hindu rites at Indore. Jaishri was then working as Lower Division Clerk in the Sales Tax Department and posted at Bhopal. The couple for some time after the marriage live at Indore. Thereafter Jaishri went back to Bhopal where Suresh used to visit her. Later on Jaishri came to be transferred to Indore and the spouses for some time lived together at Indore. While Jaishri was at Bhopal, she wrote letters to Suresh. In one of them she happened to write among other things -"Lk Ohav Do Tukade Kiye Bina Chara Nahin."

(3.) It was in these circumstances that Suresh petitioned to the Fifth Additional judge to the Court of the District Judge, Indore under Sec. 13(l) (ia) of the Hindu Marriage Act asserting that Jaishri had all along been treating him with cruelty. She had left all her belongings at her parents house while she was living with him. She did not do house-hold work and her behaviour all along remained insulting towards him. On 16-5.1978 she after quarrelling left his house along with her ornaments and other belongings, causing mental agony to him and other members of his family.