RAGHANBAI Vs. GHUDAN

JUDGEMENT

(1.) This appeal by the wife has been filed against the judgment and decree dated 9-8-1982 passed by the District Judge, Balaghat in Civil Suit No. 34-A of 1980.

(2.) The appellant had filed a petition under Sec. 13 of the Hindu Marriage Act for divorce. Her case was that from about 8 years before the presentation of the petition, when the respondent was alleged to be about 15 years, her father had kept the respondent who was financially weak, in his house. About two years thereafter appellant's father married her with the respondent and about three years thereafter even the GAUNA ceremony was performed. They had been living in a separate room in her father's house However, the respondent started quarreling with the appellant's father and alleged unchastity against the appellant. The respondent had even being treating her with cruelty. Appellant had even been assaulted by the respondent in a good number of times. Inspite of the fact that six years had passed from the marriage, the respondent never had sexual intercourse with the appellant and did not thus discharge the obligation of his being her husband. The respondent even made allegation against her father that the latter was earning by getting prostitution done by his daughter i.e. the appellant. Even in the Panchayat held on 13-5-1980 the respondent made rampant allegations against the appellant.

(3.) The respondent denied the allegations made by the appellant-wife in her petition. He also denied that he had ever treated her with cruelty or had beaten her. The allegation about he being impotent were also disputed.