Decided on April 28,2005

Chandra Shekhar Gupta Respondents


- (1.) THIS appeal is directed against the judgment and decree dated 27- 02-1999 passed by first Additional District Judge, Bilaspur, in Civil Suit No. 33-A/97, whereby the suit filed by respondent (husband) for divorce has been decreed.
(2.) PARTIES are Hindus. Their marriage was solemnized in June, 1989 as per Hindu Rites and out of their wedlock one female child namely Shivani Gupta was born. At present, both appellant and respondent are residing separate. Respondent filed an application under Section 13 of the Hindu Marriage Act (for short, "the Act") for obtaining divorce against his wife Smt. Anita Gupta (the appellant) alleging that the appellant during her stay at her matrimonial house, was misbehaving with her husband, mother-in- law and sister-in-law. Even she used to abuse her mother-in-law. Appellant without any sufficient reasons had deserted her husband for the last seven years from the date of filing of the application and did not come back although various attempts have been made, therefore, on the ground of cruelty as well as desertion, divorce was sought.
(3.) APPELLANT refuted the allegations leveled against her and pleaded that while she was living in her matrimonial home, she was subjected to physical and mental cruelty by her husband, mother-in-law and sister-in-law for demand of dowry as a result thereof she was forced to live in her parental house. In one of the conciliation proceeding respondent agreed to keep the appellant and to pay Rs. 2000/- monthly and deposit Rs. 50,000/- in bank in the name of her daughter and also assured not to cause any physical or mental torture to the appellant, but failed to comply with any of the term and as usual, respondent kept continual misbehaving with her. At present also appellant is ready to live with her husband and to continue her matrimonial life.;

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