SHAMBHU PRASAD RAJAK Vs. SMT. TULSA BAI

JUDGEMENT

(1.) This appeal has been filed being aggrieved by the judgment and decree dated 11/07/2015, passed by 4th Additional Distt. Judge, Jabalpur, in Civil Suit No. 283- A/2002, whereby a decree of dissolution of marriage under section 13(1)(ia) and (ib) has been passed and has ordered to pay permanent maintenance of Rs. 300/- per month and return utensil or Rs. 5000/-.

(2.) Facts of the case in brief are that the respondent/wife had filed an application under section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, seeking divorce against the appellant on the ground of cruelty and desertion. It is not in dispute that parties had entered into wedlock in the year 1997 according to Hindu rites. It is alleged by the respondent/wife that her husband i.e. present appellant had willfully deserted her and since then, she is living with her widow mother at Jabalpur. She has contended in her application that soon after their marriage, her husband had started torturing her physically blaming that she is having an illicit relationship with some another person. She has further contended that when she went to her matrimonial house, she was beaten up by her husband raising a demand of Rs. 20,000/-. In spite of best efforts by the respondent/wife and her family members, the appellant has refused to live with her, therefore, it is impossible for her to live with the appellant/husband. So she made a prayer to pass a decree of divorce. She filed an application for permanent alimony and to return the utensil, which were given at the time of marriage.

(3.) In reply, the appellant/husband has denied all the allegations leveled against him submitting that the respondent/wife had lived with him for about a period of eight months after their marriage. He had never tortured her, whereas she used to quarrel with him under the influence of her mother. Twice he had tried to take her back to his home but every time she has refused to come with him. He has also contended in his reply that he was informed about her pregnancy when she had left his house and had aborted later on. Further, he is ready to take her back to his home and wants to live together, therefore, he has prayed before the trial Court for dismissal of the application.