AVADHESH MANI MEMA Vs. SAROJ AMITA MEMA

JUDGEMENT

(1.) THIS is a plaintiff's appeal against judgment and decree dismissing his suit for divorce.

(2.) THE plaintiff/husband filed the suit on 1-3-1984 for divorce under Section 13, in the alternative for judicial separation under Section 10 of the Hindu Marriage Act, 1959. By amendment dated 17-8-1984, the plaintiff restricted the petition for divorce only. The plaintiff is a matriculate and a bullion merchant of Narsinghpur. The defendant is a post-graduate resides with her widow mother Smt. Bimla at Kareli. The marriage between the parties took place on 28-4-1983. She came to marital home and lived with him at Narsinghpur for about 3-4 days. Thereafter she returned to her mother's house. Three or four days thereafter, the defendant came to the plaintiff's house in second Bida. This time she remained in the plaintiff's house for 8-10 days. On account of her insistence to return, the defendant was sent to her mother's place. She remained there for a fortnight. After living with the plaintiff for some time she finally returned to her mother's house on 26-7-1983. Thus the total stay of the defendant soon after marriage was for 3 days, in second Bida for 8-10 days and, in the third time for about one month and twenty six days, the total stay of the defendant with the plaintiff comes to about seventy days. The instances of cruelty alleged are :-

(3.) THE plaintiff pleaded that on account of the aforesaid cruelty inflicted on him the plaintiff suffered extreme mental distress and hardship. The plaintiff further pleaded that for the reasons stated in the petition, the case was one of the exceptional deprivity on the part of the defendant and for that reason the petition for divorce was made before one year had elapsed from the date of marriage. In case, the court was not pleased to permit the present petition for divorce, he prayed that the petition be treated as for judicial separation. By amendment dated 17-8-1984, the plaintiff added that having one year expired, it is not necessary to treat the petition for judicial separation and instead the same be treated as petition for divorce.