MANDEEP DUBEY Vs. SUSHMA DEVI

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree, dated 22.5.1987 passed by Shri Jugal Kishore Prasad, 6th Additional District Judge, Palamau in Title Suit (Matrimonal) No. 3 of 1985 whereby and whereunder he dismissed an application for dissolution of marriage by a decree for divorce filed by the appellant purported to be under Section 13 of the Hindu Marriage Act.

(2.) The admitted fact is that the marriage between the appellant and the respondent took place on 10.5.1979 in accordance with the Hindu rites. Allegedly, Roksadi ceremony of the respondent was held on 11.5.1979 and she stayed with the appellant at his house in village Pakari till 26.5.1979. Allegedly on 27.5.1979, the respondent came back to her parents and since then had been living with them.

(3.) It was further alleged that the appellant was not willing to let the respondents go back to her parents but upon a threat having been given by the respondent that she would commit suicide, she was allowed to go. It was further alleged in the plaint that respondent did not render any co-operation with the appellant in building up merital relationship and had all along remained completely indifferent with the affairs of the appellant, his parents and other family members. Allegedly, the appellant wrote various letters to the respondent on 1.10.1979, 3.3.1980 and 5.10.1980 requesting her to return to her marital home. The appellant allegedly had also gone to village Taleya personally to his in-laws' house on 5.3.1981 and 10.10.1981 to bring her back but she finally refused and insisted to live at her parents' house.