KANTA RAIKWAR Vs. KAILASH CHANDRA VERMA

JUDGEMENT

(1.) THIS appeal is preferred by the plaintiff under section 28 of the Hindu Marriage Act 1956, (in short the Act) being aggrieved by the judgment and decree dated 12. 5. 2000 passed by Ilnd, Add. District Judge, bhopal in Regular Civil Suit No. 47-A/99 dismissing her application filed against the respondent under Section (13) (1) (i-a) and (i-b) of the Act for decree of divorce.

(2.) THE facts giving rise to this appeal in short are that the appellant got married with the respondent on dated 24. 11. 1995 as per rites and ritual of the Hindu community. Thereafter she resided in the matrimonial home with the respondent and performed her pious duties as wife. A huge amount was spent by her parents in the marriage as mentioned in the petition. As per further pleadings from the very beginning of the marriage the behaviour of the respondent with her was remained very cruel and on various occasions she was beaten with abuses by him, stating that he does not have any relation with her. She was not provided proper food in the matrimonial home. As per further averments on demand of the respondent on second day of the marriage Rs. 20,000/- was given by her parents to him in respect of the expenses to get the posting order of Law Officer in some Government Department. The same was never returned. In the year 1997 she was intimated by the father of the respondent taking away her articles from the matrimonial home. In response of it she brought the same in the month of June 1998. On account of the cruel treatment of the respondent she is residing with her parents since 2nd March 1996. Subsequent to it respondent neither took her care nor paid any expenses for livelihood or the maintenance. In addition it is pleaded that the appellant being a clever person is having some affairs with a girl and wants to reside with her, that is why he has deserted the appellant. In this regard she gave a notice to the respondent. The same was replied with false averments stating that the respondent does not want to keep her with him. In such premises, the petition for divorce on the ground of cruelty and desertion alongwith the prayer directing the respondent to return her Shtridhan articles and pay the the permanent alimony was filed.

(3.) IN written statement of the respondent by denying the averments of the petition, it is stated, that the appellant being in service of Central School, hoshangabad is earning Rs. 8,000/- per month and she used to spend the same on her parents and the sister and under their pressure and influence the petition is preferred on the false averments. She is residing at her service place on her own wish. It is also pleaded that he was forced by the appellant to live at Bhopal with her parents. But the same was not possible for him in the family circumstance as after demise of his brother no other competent person was in the family to look after his old aged parents. Inspite it under pressure of the appellant he went and reside with her for some time but she herself was not interested to reside with him. In such premises, they could not reside together. He has been deprived by the appellant from the enjoyment of marital life. In order to bring the appellant on various occasions he went to her service place but there he was insulted by her and the members of her parental family. Thereafter, on false averments this petition has been filed. In such premises, the prayer for dismissal of the petition is made.