KAILASH DEO Vs. SHANTI

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The appellant-husband, Kailash Deo Rajpurohit, has filed the present appeal under Section 28 of the Hindu Marriage Act, 1955, (for brevity, hereinafter referred to as 'Act') being aggrieved by the judgment dated 03.06.2004of the learned District Judge, Pali, rejecting his divorce petition under Section 13 of the Act in Civil Misc. Case No. 128/ 1995 (Kailash Deo v. Smt. Shantj).

(3.) Marriage between appellant- Kailash Deo and respondent-Shanti took place as per Hindu rites on 04.12.1986 at Village Madri, District Pali and out of said wedlock there was no issue. According to appellant, the respondent-wife lived with him at Desuri for about ten days and thereafter she went to her parents' home and returned back in the month of September, 1987 only, and thereafter she kept on coming and going back. However, in the year 1988, after going back to her parents' home, she stayed there for one and half years and when she returned back instead staying in the matrimonial home, she stayed with her father in the house of one Bheek Singh. Thereafter, she started pressing upon the appellant-husband that; he should leave the Government job of teacher and should live in Bombay with respondent's brother, namely, Babu Singh, who was doing business there. It was further alleged that on 13.09.1990 by taking out a production warrant under Section 97 of Cr.P.C, the police officials along-with brother of the respondent, Babu Singh came to the residential house of the appellant and took her away on 15.09.1990. Thereafter, the respondent-wife filed an application under Section 125 Cr.P.C. for maintenance and on 16.09.1990 filed a complaint under Sections 498-A and 406 of IPC against the appellant-husband and his parents and sister. It was further alleged that since, 14.09.1990, the parties are living separately and consequently, on the ground of cruelty and desertion the present divorce petition under Section 13 of the Act was filed by the appellant-husband seeking divorce.