RANI Vs. AMAR NATH

JUDGEMENT

(1.) WIFE has filed this appeal under Section 28 of the Hindu Marriage Act (for short the 'Act') against the judgment and decree of the matrimonial Court dated 28.4.1987, whereby her divorce petition filed under Section 13 of the Act on the ground of cruelty was dismissed.

(2.) UNCONTROVERTED facts of the case are that the parties were married 8 years before the date of filing of divorce petition (25.7.1986) as per Hindu rites. After three years of the marriage, she gave birth to a female child. Since 1981 parties are living separately, female child is living with the appellant-wife. In the divorce petition, wife avers that after the birth of daughter, respondent's behaviour became quite indifferent and cruel towards her. On this count alone that she has not given birth to a son, respondent started beating her off and on. She tried to pacify him, but to no effect. Ultimately, 1-1/2 years before filing of the divorce petition, after giving her beating respondent turned her out of the matrimonial home in wearing apparel along with minor daughter. She went to her parental home. Thereafter, her father convened a panchayat consisting of Gopal Singh Lambardar and two other respectables for persuading the respondent to rehabilitate her. In consequence of such panchayat, appellant went to her matrimonial home along with her daughter, but within 4/5 months, she was again beaten and was turned out of nuptial home by the husband. Since then she is living in her parental home. Thereafter, also twice panchayats were convened for rehabilitation, but the respondent refused to rehabilitate her. Thus, according to her, on account of desertion and cruelty, she is entitled to a decree of divorce.

(3.) ON these pleadings, issues were framed. Each party examined two witnesses more apart from themselves.