PRADEEP KUMAR Vs. SHASHIPRABHA

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 28 of the Hindu Marriage Act, 1955 is made to a judgment and decree dated 13 -01 -2000 passed by the Second Additional District Judge, Chhatarpur in Civil Suit No. 20 -A/1998, dismissing the application filed by the appellant for dissolution of marriage.

(2.) MARRIAGE of the appellant with the respondent was solemnized at Damoh on 07 -03 -1991. A son was also born out of the wedlock on 16 -11 -1991 and on 28 -10 -1993 the appellant filed suit in question for dissolution of the marriage on the ground of cruelty. It was the case of the appellant that the respondent/wife and her mother used to come and stay in their house and the respondent's mother used to ill -treat the appellant not only in the house, but also in the presence of other persons living in the locality. Respondent/wife was also a spectator and some time also participated in the acts of the mother -in - law in harassing the appellant and quoting various instances which according to the appellant constituted cruelty and further contending that the parties are living separately for certain period of time, an application was filed for dissolution of marriage.

(3.) BASED on the pleadings of the parties, issues were framed and based on the evidence that came on record, learned Court answered the question of cruelty and dissolution against the appellant holding that both the grounds for dissolution of marriage are not established from the material available on record, the application having been dismissed, therefore, this appeal under Section 28 of the Hindu Marriage Act has been filed.