LAKHAN TIWARI Vs. PREETI

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act has been filed by the husband against the judgment dated 20. 12. 1996 passed by the District Judge, Chhatarpur in C. S. No. 36-A/96 whereby his petition against the respondent/wife for grant of a decree of divorce has been dismissed.

(2.) THE appellant/husband is a doctor who earlier practised at Bijawar and is now practising at Chhatarpur. He was married to the respondent on 28. 6. 1993 at Chhatarpur. The wife is daughter of B. P. Pandey (PW 2) who retired as Principal of a reputed College.

(3.) ACCORDING to the husband's case, the parties lived together at Bijawar for few days after marriage. Then the couple shifted in August, 1993 to Chhatarpur where the husband has opened a private clinic for his practice. The allegation of the husband is that the wife used to frequently visit her parents at Chhatarpur without his permission and thus used to deprive him of her company. It is stated that from November, 1993 the wife has deserted the husband and is living with her parents and thus by depriving the husband of her conjugal company has caused him mental and physical distress. The husband sent several letters to her to return to the matrimonial home and gave her a registered notice on 4. 8. 1994 which remained unresponded. The divorce petition was filed by the husband on 16. 9. 1994 on the ground of alleged desertion and cruelty.