RAJENDRA SINGH Vs. SMT. REENU SINGH

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 10.8.2001 passed by IX ADJ, Indore in civil suit No. 101/2000 whereby the petition filed by the appellant under Sec. 13 of the Hindu Marriage Act, 1955 was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellant filed a petition for divorce on 2.3.2000 alleging that the marriage took place between the parties on 17.12.1995 at Jaipur in Rajasthan State. It was alleged that at the time of marriage the appellant was posted as Inspector in the Central Excise Department. It was alleged that appellant and respondent lived together for a period of 15 days. Thereafter from 3.1.1996, the mother of respondent came to Bhopal where the appellant and respondent were living and under the advice of mother, the respondent started demand for a separate house. Further case of the appellant was that respondent started threatening to the appellant that if her demand is not fulfilled then she would commit suicide. It was alleged that respondent went to her parental house at Jaipur therefore appellant went to Jaipur to bring the respondent with him. At that time also the appellant was advised by the parents of the respondent to live separately. It was alleged that appellant brought respondent at Bhopal. In Bhopal, respondent behaved with the appellant in a cruel manner. Respondent compelled the appellant to take her to Indore. It was alleged that there were quarrels between the appellant and respondent for petty things. It was also alleged that appellant came to Jaipur with the respondent on the eve of Holi. It was alleged that parents of the respondent misbehaved with the appellant and appellant was also beaten. It was alleged that respondent ran away from Jaipur. Thereafter, appellant received a call whereby appellant was informed that respondent was not well and she wanted to come. Therefore, respondent came to Indore on her own. It was alleged that after living for some days together, again the respondent started to create problems. It was further alleged that on 13.5.1996, the respondent compelled the appellant to go out for a change at about 11.00 p.m. and when they were going on scooter, at that time respondent jumped from the scooter and thereafter phoned to her parents that appellant wants to kill her. On the call of respondent, parents of the respondent came to Bhopal and advised that both the appellant and respondent should live separately for a month.

(3.) It was alleged that from May, 1996 appellant and respondent are living separately. It is alleged that thereafter respondent filed a petition under Sec. 10 of the Hindu Marriage Act at Jaipur on 3.1.1997 for judicial separation. In the said case, an application was filed under Sec. 24 of the Hindu Marriage Act for maintenance. It is alleged that after having the knowledge that respondent has filed a petition for judicial separation, appellant also filed a petition under Sec. 13 of the Hindu Marriage Act for divorce at Bhopal on 10.4.1997. It is further alleged that on the basis of mutual understanding between the parties the respondent withdrew the application for judicial separation filed at Jaipur on 30.9.1997 and appellant also withdrew the divorce petition from Family Court, Bhopal on 2.1.1998.