BHAGWATI PRASAD SHIVHARE Vs. SHOBHA DEVI

JUDGEMENT

(1.) THIS is husband's appeal against the dismissal of his petition under Section 13 of the Hindu Marriage Act for a decree of divorce.

(2.) ADMITTEDLY, the parties were married according to Hindu rites on 16. 2. 1976 and after the marriage they lived as husband and wife. Out of thewed-lock, eight issues were born to the parties five daughters and a son, where two sons could not survive. The plaintiff-appellant claimed that the treatment of the defendant- respondent was not pleasant towards him as well as his members of family. His father survived for 10 years after marriage, but the respondent did not give him proper respect. His mother was weak and short-sighted, she too was not treated properly by the respondent. The respondent did not take much interest in the domestic work i. e. cleaning the house and cooking etc. and it had to be done by his mother inspite of the fact that she was not well. Respondent quarrelled on petty matters, as result of which, there is no peace in the family. She used to beat all children. The respondent also did not care for the children as well. She did not give affection of mother to children. After marriage she mostly lived in her Maike at village Miyana. Respondent was forcing the appellant to live at village Miyana after leaving Shivpuri, which was opposed by him. She used to go to her parents house at village Miyana without intimating. When he asked her for not doing so, she threatened that she will burn herself or drown or commit suicide. Her father Laxmi Narayan Shivhare also threatened him to beat and to falsely implicant him. A year prior to the filing of the petition she left the children and went away, without intimating him, to her Jeeja, Bharosilal, at old Shivpuri and from there to Miyana. The treatment of the respondent amounted to cruelty bom physical and mental and as such, the petition was filed.

(3.) ALL the allegations of cruelty and improper treatment with the parents etc. have been categorically denied by the respondent. She alleged that she used to do all the work of the family. She brought up her children properly. She used to visit her parents occasionally at the time of Rakshbanchan etc. with the permission of the petitioner. She did not go to the house of her Jeeja, Bharosi Lal as alleged. The petitioner used to beat her often and used to say that she was not beautiful. She lived in the same house in a room where she was asked to live with her children. When written statement was submitted in the Court on 23. 6. 1995, the petitioner got annoyed and on 5. 8. 1995 in the absence of the respondent, another lock was put in her room. On that date she had come to the Court. When she returned, the petitioner turned her out. She went to lodge a report. She thereafter was living with her father.