VIJAY KUMAR JAIN Vs. KALPANA JAIN

JUDGEMENT

(1.) THIS appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 6. 7. 1996 passed by the Second Addl. District Judge, Chhindwara, in Civil Suit No. 35-A/92. The Court below has dismissed the suit filed by the appellant under Section 13 (1) (ia) of the Hindu Marriage Act (hereinafter referred to as the Act ).

(2.) THE appellant in his plaint stated that the parties belonged to the Jain community. Appellant married the respondent on 11. 7. 1989. A son by name Vikesh was born out of the wedlock on 13. 6. 1990 in village Kunda. It was further stated in the plaint that the respondent and the appellant used to reside together in their matrimonial home. From the very inception of the marriage, behaviour of the respondent was not proper with the appellant and the members of the family of the appellant. She was prone to disrespect the members of the family of the appellant and used to abuse them in filthy language. The respondent did not want to reside in the matrimonial home at Kunda and therefore the appellant who was working as a primary school teacher got himself transferred to village Chourai in order to lead a peaceful life with respondent. It was urged that on 4. 6. 1991, the respondent treated him with cruelty by slapping him in public and used abusive language. Even so the appellant went to Chourai in order to lead a happy married life. In para 5 of the plaint, it was specifically stated that there was no change in the attitude of respondent after they shifted to village Chourai and she always used to give trouble to the appellant even on very small differences and used to threaten that she would commit suicide and get the other members of the family involved, in a criminal case for demand of dowry and treating her cruelly. On 22. 6. 1991. the respondent admitted before respected persons that she was also at fault and promised that she will behave properly. Despite this fact, on 28. 6. 1991, the brother of the respondent as well as members of her family threatened the appellant and also attacked him. Accordingly, the appellant has filed an FIR at Police Station in village Chourai. It was claimed by the appellant that after 28. 6. 1991, the appellant was convinced that it was not possible to live with the respondent as she was not cooperating with him and, therefore, he filed the suit for divorce.

(3.) THE respondent in her written statement denied the claim made by the appellant stating that the allegation made by the appellant to the effect that she misbehaved with the members of appellant's family were not correct. It was specifically denied that she ever misbehaved with the appellant or members of his family or abused them. She also stated that she never disrespected the members of the family of the appellant. It was also denied that after birth of the son, the appellant became more and more cruel. It was denied that the appellant resided at village Chourai for the purpose of leading happy married life with the respondent. It was claimed that the purpose for leaving village Kunda and residing at Chourai was that the appellant wanted to augment his income by doing business. It was stated that at Chourai there was a big market and therefore the appellant shifted from Kunda to Chourai and resided there on a rented house. Thereafter, it was alleged that the appellant turned the respondent out from his house without giving the respondent her belongings, ornaments etc. , given to her by her father by way of dowry. It was denied that she had ever threatened the appellant or abused him. It was claimed in the written statement that the main aim of the appellant was to get a divorce from her somehow and therefore, he was making false allegations. She also denied that she ever had threatened the appellant to commit suicide or that she would get the members of the appellant's family involved in the criminal case relating to demand of dowry or cruelty.