LAXMAN RAO Vs. VIDYA CHOUHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 22nd of April, 1993, passed by the VII Additional District Judge of Gwalior, whereby the petition of the plaintiff /appellant Under Section 13 of the Hindu Marriage Act for dissolution of marriage with the respondent/defendant was dismissed.

(2.) IT is not disputed that the parties were married on 26. 11. 1978 according to Hindu customs and Vedic rites. The respondent/wife at that time was serving in the Scheduled Tribes Welfare Department in the Government of Madhya Pradesh, and was posted at Khandwa since 1972. Khandwa is about 1000 kilometers from Gwalior.

(3.) THE appellant/husband alleged that the respondent/wife after marriage remained with him for sometime. Thereafter, she started avoiding to live with him. The plaintiff had earlier filed a suit for restitution of conjugal rights, which was withdrawn by him on the assurance of the respondent to live peacefully with him.