SUBHASH Vs. LAXMIBAI

JUDGEMENT

(1.) This is husband's appeal against the judgment dated 4-10-1982 passed by the District Judge, East Nimar, Khandwa in Civil Suit No. 17-A of 1982. Dismissing the plaintiff-appellant's suit for divorce under action 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

(2.) The appellant and respondent are husband and wife. The appellant presented a petition under section 13 of the Act for a decree of divorce on the ground of mental cruelty and desertion on the part of his wife-respondent. The appellant contended that his wife-respondent preferred to live with her parents and came to him only occasionally for a short period after much persuasion and efforts and that for the last about six months from the date of the divorce petition, she had not turned up and thus deserted him. He also contended that even during her short stay with him, she did not permit cohabitation which caused mental suffering to him and amounted to desertion within the meaning of clause (ib) of section 13(1) of the Act. The appellant also took the plea that his wife respondent frequently raised dispute on trifling matters and on various occasions she poured kerosene oil over her body and threatened to put on fire to implicate him. The appellant contended that these acts on the part of his wife-respondent has disturbed his mental peace which amounted to cruelty within the meaning of clause (ia) of section (1) of section 13 of the Act.

(3.) The respondent-wife did not turn up before the trial court to defend the divorce petition in spite of service of notice upon her and therefore, the trial Court proceeded ex-parte against her. On evaluation of evidence adduced by the appellant, learned trial Court took the view that the plaintiff-appellant had failed to establish any grounds for grant of a decree of divorce and, therefore, dismissed the divorce petition against which this appeal has been rejected