RBOPA ROOPMATI Vs. VIJAY KUMAR

JUDGEMENT

(1.) -The appellant/defendant has directed this appeal under Section 28 of the Hindu Marriage Act, 1955 against the decree of divorce dated 2.3.1995 rendered by Additional District Judge, Indore in Hindu Marriage Case No. 4/93, thereby granting decree of divorce against the appellant and in favour of respondent.

(2.) Briefly stated that the facts of the case are that the appellant and respondent are husband and wife and their marriage was solemnized as per Hindu rites and customs on 17.2.1991. The respondent in his petition has stated that after marriage from 18.3.1992 onwards behaviour of the appellant-wife was cruel with the respondent/applicant and on the ground of cruelty, the respondent filed an application under Section 13 of the Hindu Marriage Act for dissolution of marriage after notice to the appellant. The application filed by the respondent/husband was resisted by the appellant. The trial court, after framing issues and' recording the evidence allowed the application of the respondent and granted decree for dissolution of marriage against the appellant. Aggrieved, the appellant has filed this appeal against the impungned decree of divorce passed by the trial court.

(3.) The counsel for the appellant contended that the acts of cruelty required for passing a decree for divorce are not proved beyond doubt from the evidence of respondent. As such decree for divorce on the ground of cruelty passed by the trial court cannot be sustained. The counsel also submitted that even any act of cruelty is atributed to the appellant then from the subsequent acts and behaviour of the respondent it appears that such instance of cruelty have been condoned by the respondent, and therefore, no decree could be passed for annulment of marriage on the ground of cruelty. Reliance is placed on the decision of the Apex Court reported in Dr. N.G. Dastane v. Mrs. S. Dastane.