RADHEYSHYAM Vs. RAMA BAI

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 06/02/2004 passed in Civil Suit No. 17- A/2003. The trial court rejected the suit of the appellant for grant of divorce.

(2.) The appellant filed Civil Suit under Section 13 of the Hindu Marriage Act for divorce. He pleaded that the marriage of the appellant and respondent was solemnized in accordance with Hindu Rituals. The respondent lived with the appellant after marriage 8 to 10 days, thereafter she left the matrimonial home. She does not like family members of the appellant. The respondent lived most of time with her parents. A son was born from their wedlock which is about three years. For last three years, the respondent has been living at the house of her parents. The respondent was not willing to live with the appellant, even though panchayat was held and in the Panchayat, respondent refused to live with the appellant. Panchanama was executed in the Panchayat in which the respondent agreed for divorce.

(3.) The respondent in her reply denied the facts as pleaded by the appellant, she pleaded that son was born from their wedlock and the respondent is willing to live with the appellant. Behaviour of the appellant with the respondent was cruel. He had beaten the respondent, hence, the respondent was living with her parents. On the instruction of the Court, the respondent lived with the appellant for a period of 18 days, however, she was forced to leave the house of the appellant.