SMT. KAUSHALYA Vs. FUSA RAM

JUDGEMENT

(1.) The appellant wife has filed this appeal under section 28 of the Hindu Marriage Act, 1955, against the judgment and decree dated March 28, 1987, passed by the learned District Judge, Bikaner, whereby the petition filed by her against respondent-husband for dissolution of the marriage between the parties was dismissed.

(2.) The parties were married according to Hindu Marriage rites 4 May 13, 1981. They lived as husband and wife firstly at the no use of the respondent and thereafter for a period of about three and a half months at the house of the appellant's father. No child of the wedlock was born.

(3.) In the petition, the appellant-wife had alleged that soon after the marriage, the respondent started treating her with physical as well as mental cruelty. The instances of physical cruelty alleged in the petition were that the respondent used to come drunk and used to beat the appellant by sitting over her body and that this continued for long. The instance of mental cruelty alleged in the plaint was that on enquiry by the appellant as to why the respondent used to treat her with cruelty, the respondent used to level charges of adultery against her saying that she was having illicit relations with her father, brother and residents of her Mohalla. The appellant-wife, prayed that the marriage between her and the respondent be dissolved, by passing a decree of divorce on the ground of cruelty. She had pleaded that she had not condoned the cruelty and that there was no delay in presenting the petition.