ROOP CHAND @ ASHOK Vs. UMA BAI

JUDGEMENT

(1.) This shall also dispose of First Appeal No. 162 of 1983. Roopchand @ Ashok Vs. Smt. Uma Bai. The First Appeal No. 1 of 1985 is by defendant-husband against judgment and decree dated 19-11-1984, passed by Additional District Judge to the Court of District Judge, Balaghat in Civil Suit No. 40-A of 1983, where by a decree for divorce under section 13 of the Hindu Marriage Act, (hereinafter called the Act) was passed on a petition by wife, First Appeal No. 162 of 1983 is an appeal by husband against dismissal of his suit for restitution of conjugal rights by judgment and decree dated 3-10-1983, in civil suit No. 54-A of 1982 of the Court of Additional District Judge, Balaghat.

(2.) Respondent Uma Bai and appellant Roopchand were married in 1979. The 'Gaona' took place in 1980, whereunder the husband came to parents in-laws' house in village Rattee Gaon and started living as "Ghar-Jamai". She is the only issue of her parents and, therefore her marriage was settled on condition that Roopchand shall live as 'Ghar-Jamai' and would render help in supervision and management of her father's property. A male child was born out of the wed lock with the passage of time, Roopchand started neglecting her old parents and on petty matters, he used to beat Uma Bai. Roopchand ill-treated her even during the pregnancy and used to run away from the house. After a day or two he used to return but renew the Marpeet. He also charged her that the child in her womb was not his but of some one else. Often he chastised her to extort Information from whom she conceived the child. Once he made an attempt on her life with a knife. Finally on 27-5-82, he again beat her, accused her of infidelity and ran away from the matrimonial home with the object of deserting her permanently. A report of the incident was lodged in the police station Lalbarra. She claimed divorce on the grounds of desertion and cruelty.

(3.) Roopchand denied all the allegations. He instead submitted that he was turned out by the parents of Uma Bai. Therefore be filed a suit for restitution of conjugal rights.