RAJESH PANDEY Vs. SUMAN MISHRA

JUDGEMENT

(1.) This appeal under Section 28 of Hindu Marriage Act, 1955 has been preferred by the appellant against the judgment and decree dated 17.01.2013, passed by V Additional District Judge, Rewa (M.P.) in Hindu Marriage Appeal No.14-A/2012, whereby the petition under Section 13 of Hindu Marriage Act, 1955 preferred by appellant has been dismissed.

(2.) Appellant Rajesh Pandey, is husband of respondent Smt. Suman Mishra. The marriage was solemnized on 10.05.2005 at Rewa. Appellant is in Defense Service whereas respondent is working as Teacher in Government School. It is averred by the appellant that after the marriage the respondent lived at her marital home for about 4 days only thereafter she went to her parental home and did not return to join company of appellant. Appellant and its family members went several times to the parental house of respondent and at the places where she was in service to bring her back but she refused to join the company of appellant. She is living separately from the appellant since the year 2005 and deserted him without any reason. She has deprived the appellant from his conjugal rights and caused mental and physical distress. Therefore, appellant filed a petition under Section 13 (1) of Hindu Marriage Act for grant of decree of divorce.

(3.) The respondent in her reply denied the averments made in the divorce petition and pleaded that she has never refused to live with the appellant. After the marriage she lived for 10 days in her marital home. Thereafter, when she was coming to her parental house the appellant and his parents told her that unless and until her father would give a car and Rs.10 Lacs in dowry, they would not allow her to live with appellant. The respondent lived in her parental house for more than 1 year and appellant did not come there to take her back. On several efforts and persuasion of parents of respondent, the appellant and his parents consented to keep the respondent with them. Than respondent came to her marital home and lived there for 2 years. During this period the appellant and her family members used to harass and misbehave with her for demand of dowry. As parents of respondent were not in a position to meet the demand, the appellant refused to keep the respondent in his house and sent her back to her parental home. Thereafter the respondent is living in her parental house. The appellant never came to meet her and never ask her to live with him. Respondent has never refused to live with appellant and still she is ready and willing to live with him and resume her matrimonial life. Therefore, it is prayed that petition filed for divorce be dismissed.