BHAGWATI BAI Vs. PARAM LAL

JUDGEMENT

(1.) THIS appeal by the appellant/wife Bhagwati Bai under Section 28 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), is directed against the dismissal of her suit for divorce under Section 13 on the ground of cruelty.

(2.) IT is not disputed that the appellant was married to the respondent according to the Hindu customs sometimes in June 1976. The marriage was performed in village Bharguvan, under the jurisdiction of police station Bijawar, district Chhatarpur. It is alleged that after the marriage, the appellant was ill-treated by the respondent and the respondent/husband was not providing her with proper food and clothes and alto compelled her to have sexual intercourse with his elder brother. It is further alleged that the respondent was also compelling her to have sexual intercourse with the dacoits in Kharyani forest against her consent and will. On her refusal, she was beaten. It has been further alleged that the appellant has been living a miserable life with the respondent and the treatment meted out to her amounts to cruelty within the meaning of Section 13 of the Act and, therefore, prayed for a decree of divorce. In support of her allegations she examined herself as PW 1. Perusal of her statement shows that she has narrated the allegations set-forth ia petition for divorce. The learned trial Court on evaluation of the evidence came to the conclusion that the testimony of Bhagwati Bai (PW 1) is not corroborated by any of the villagers and, therefore, dismissed the suit.

(3.) LEARNED counsel appearing for the appellant submitted that the very nature of the allegations was such that she could not have spoken about it to the villagers, particularly when she was residing with the respondent and, therefore, the learned trial Court wrongly rejected her evidence and denied her the decree of divorce. The respondent, inspite of notice, did not appear and S. P. C. was sent informing him about the date of final hearing.