SHEEL KUMARI Vs. ASHARAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 20-09-2002 passed by trial Court whereby the marriage between the parties has been dissolved on the grounds of mental cruelty and desertion. In order to appreciate the controversy involved in this appeal few relevant facts need mention which are stated herein under.

(2.) The respondent entered into the wedlock with the appellant in 1998 at village Manora, District Vidisha as per Hindu rites out of which two children were born. The respondent filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 inter alia on the ground that his wife intermittently used to prolong her stay at her parental home. She used to insist respondent to live at her parental home at village Manora, to which the respondent did not agree.

(3.) It was pleaded that after some years, the behaviour of appellant became more and more aggressive and around 1992 she left her matrimonial home and despite persuasion by the respondent, she did not join the matrimonial home. The respondent by a notice dated 15-07-1992 asked the appellant to join the matrimonial home, pursuant to which she returned to her matrimonial home for some time and in Feb. 1994 she again left the matrimonial home without even informing the respondent and took away ornaments with her. She also made a complaint at Police Station Gyaraspur on the basis of which a criminal case was registered. Eventually, the respondent was convicted by the trial Court in 1999 and was sentenced to undergo imprisonment for one year. Against aforesaid judgment, the respondent preferred an appeal and was acquitted vide judgment dated 28-07-2001.