SAROJ Vs. DASHRATH

JUDGEMENT

(1.) This is an appeal by defendant wife against whom a decree under Sec. 13(l) (i-a) and (i-b) of the Hindu Marriage Act 1955 for divorce was passed by Vth Additional Judge to the Court of District Judge, Indore, in H. M. A. Case No. 23/84 by Judgment dated 6-8-1985.

(2.) The decree was sought by the respondent husband on the ground of cruelty and desertion. The case of the plaintiff is that the parties were married on 10-5-1978 and they lived as husband and wife at Indore. During the wedlock a child by name Meeraj was born to them. Thereafter, the relations became strained. The wife who has been employed as a teacher even from before the marriage, became indifferent to the house hold needs and would not cook the meals and would return to her parent's house which is also in Indore. On opposition by the husband the wife used to quarrel with the husband. During the continuance of such strained relations her parents made an application under Sec. 100 of the Code Criminal Procedure for issuing a search warrant for her production before the Sub- Divisional Magistrate. The police searched her out from the husband's house when he was out and produced before the S.D.M. who put her in Rescue Home and from there, she was set to liberty to go to her parents' house. In that proceeding all sorts of false allegations and charges were levelled against the husband. After recording her statement, the learned S.D.M. did not find that her confinement was wrongful. However, since she wanted to keep herself away, from the husband, the aforesaid order was passed. That proceeding resulted in humiliation and mental agony. Since then the husband also made repeated efforts to bring her back for restitution of conjugal rights, but all in vain.

(3.) The defence of the wife was that the husband always ill-treated her for more dowry. Wherefore in the interest of her safety of life, she had no other option, but to extricate herself from the wrongful confinement in her husband's house and to go to her parents house.