PRAKASHCBANDRA Vs. RADHARANI

JUDGEMENT

(1.) This appeal is by the plaintiff against the dismissal of his suit for divorce on the ground under Sec. 13(i)(ia) and l(ib) of the Hindu Marriage Act, namely cruelty and desertion.

(2.) The parties are residents of Indore and were married on 19-4-1980 according to Hindu rites. As a result of their wedlock, they have also a son, at present residing with the respondent. The appellant-plaintiff alleged that the respondent always treated the appellant with cruelty. She used to insist on sparing money for payment to her parents and on refusal always quarrelled with him. She expressed her annoyance by indiscriminate beating of the child. On account of her quarrelsome habit, the appellant, on his transfer from Bhopal to Indore was forced to live separate from his parents. She however, continued pressing demands for money for her parents and on his refusal as before, she picked up quarrel with him and finally deserted him on 25-9-1981, after throwing the child at the appellant's mother. After about an hour, she came back with her parents and uncle and forcibly took away the child. The appellant had always been providing her all amenities and happiness which he could provide to her during her stay with him. However the respondent without any reasonable cause has withdrawn from the society of the appellant for continuous period of more that two years preceding the presentation of the petition. She has also filed an application under Sec. 125 of the Code Criminal Procedure before the Chief Judicial Magistrate for grant of maintenance which is allowed at the rate of Rs. 200.00 per month by order dated 9-8-1983. The plaintiff, therefore prayed for dissolving the marriage by decree of divorce.

(3.) The respondent submitted her written statement denying all the allegations made by the appellant. Her defence is that the appellant's parents, sister-in-law etc. gave inhumanly beating her and always demanded Rs. 1,000 and a gold chain from her parents. On 25-9-1981 the appellant after beating her, turned her out with bear clothes on her person of which she lodged a report (Ex. D-1) at the Police Station Sanyogita Ganj. After she narrated the incident, her parents also lodged a report at the Police Station Pardeshipura (Ex. D-2). Thus, the appellant was not entitled to the relief sought for. According to her, there is no desertion since the appellant created situation which forced her to keep away from him.