BRIJ MOHAN Vs. SANTOSH

JUDGEMENT

(1.) THIS appeal, under section 28 of the Hindu Marriage Act (hereinafter to be referred as 'the Act'), is directed against the judgment and decree dated 28-7-87 of Shri Shanker Lal Jain, District Judge, Merta, dismissing the petition filed by the appellant-husband for dissolution of his marriage with the respondent.

(2.) THE parties were married at Nagour on 18. 6. 79 according to Hindu rites and customs and after marriage they co-habitated as husband and wife at the house of the appellant in Nagour on 21. 10,81, the appellant presented a petition under clauses (i) and (i) (a) of sub section (1) of section 13 of the Act which-he amended on 20. 3. 84. THE petition was filed on thegrounds that after the solemnization of her marriage with the appellant, the respondent had been having sexual intercourse with persons other than the appellant and had treated the appellant with cruelty. THE allegations of the appellant were denied by the respondent in her written statement and she pleaded that false charges were being levelled against her so that the appellant could get rid of her and could ramarry with a girl who could bring him sufficient dowry. THE learned trial court after recording the evidence, held that the appellant had failed to prove the charges against the respondent and has consequently dismissed the petition filed by the appellant. Hence this appeal.

(3.) NO other point has been raised before me.