NARESH KUMAR GUPTA Vs. JYOTI

JUDGEMENT

(1.) THIS appeal at the instance of appellant -plaintiff is directed against the judgment and decree dated 15th February 2000 and 24th February 2000 respectively passed in Title (Matrimonial) Suit No. 2 of 1994 whereby the learned 1st Additional District Judge, Bokaro at Chas dismissed the suit. The aforesaid Title (Matrimonial) Suit was filed for dissolution as well as nullity of marriage under Sections 12(A) and 13(i)(a)(ii) of the Hindu Marriage Act, 1955 .

(2.) THE case of the appellant who is the plaintiff at the trial stage is that marriage between appellant - plaintiff and respondent No. 1 was solemnized on 1.3.1993 at Nawada according to the Hindu rites and customs. After the marriage on 2.3.1993 the respondent No. 1 was brought to her matrimonial house and during her stay in her sasural, she did not talk to anybody even with the appellant - plaintiff and whenever the appellant -plaintiff wanted to talk to respondent No. 1, she looked at him with anger as if she is ready to assault him and even sometime scolded him and did not allow the appellant -plaintiff to touch her body and when any indulgence for sex by the appellant -plaintiff was made, she bluntly refused by saying that she has no interest in such matter. When the plaintiff appellant wanted to consummate his marriage with respondent No. 1 she slapped him, on this the appellant -plaintiff became very agitated. Thereafter all sorts of attempt to bring her to normal state of affairs were made but all went in vain. On 12.3.1993 respondent No. 1 went back to her naihar and at the time of her departure, defects of which respondent No. 1 was suffering were brought to the knowledge to her father, who assured the appellant -plaintiff to get her properly treated. But condition did not change. On 26.3.1993 he went to bring her back but he was not allowed to bring her back on the ground that occasion was not auspicious one. On 14.4.1993 he again went to naihar of respondent No. 1 and brought her to his matrimonial house, but even after her return to her matrimonial house, her attitude towards her husband and his family members did not change and she continued to abuse her sasural people and even her mother -in -laws and father -in - law and, therefore being compelled by the circumstances, he has filed this case for dissolution and nullity of marriage.

(3.) ON the pleadings of the parties, following issues were framed for their determination in the suit.