BALIRAM Vs. SMT. SUMITRA

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 06/01/2007 passed in Civil Suit No. 21-A/2006. By the impugned judgment, the trial court dismissed the suit of the appellant filed under Section 13 of Hindu Marriage Act for grant of decree of divorce.

(2.) Marriage of the appellant and respondent was solemnized on 20/06/1991 at Damoh in accordance with Hindu rituals. Appellant pleaded that since marriage, respondent practiced cruelty with him. From the last 13 years, respondent was not living with the appellant. She levelled allegations that appellant had performed second marriage and he was living with a lady. A complaint was lodged by the respondent in this regard with agriculture department. The appellant was suspended vide order dated 03/03/2001. Departmental inquiry was initiated and in the inquiry the allegations levelled by the respondent against the appellant were found baseless, thereafter his suspension was revoked vide order dated 11/09/200 Respondent abused the appellant for that period and he lodged complaint at the police station.

(3.) Appellant tried his best to pursue the respondent to live with him, however he was unsuccessful. Respondent filed a false private complaint against the appellant and his family members before Judicial Magistrate First Class under Section 494 of IPC. On the basis of cruelty and desertion, appellant sought decree of divorce.