LAXMAN SINGH DHURVE Vs. SUNITA BAI

JUDGEMENT

(1.) This first appeal is preferred under Section 28(I) of the Hindu Marriage Act, 1955 against judgment/decree dated 09.02.2004 passed by Additional District Judge (FTC), Kawardha (C.G.) in Civil Suit No. 1- A/2003, wherein the said court dismissed the petition filed by the appellant (Husband) under Section 9/13 of the Hindu Marriage Act, 1955 for decree of restitution and in alternate decree of divorce against the respondent (Wife).

(2.) As per version of the appellant, he and the respondent were married on 15.05.2000 as per customary rites at parental house of the respondent. The appellant and his father were prosecuted on FIR lodged by the respondent on 16.07.2000 at police station- Malajkhand for the offence punishable under Section 498A, 494/34 of IPC, 1860 in which, they have been acquitted vide judgment dated 07.08.2001. The respondent has deserted the appellant since 16.07.2000 and in spite of repeated efforts made by the appellant, she did not return to her matrimonial home that is why the appellant filed petition before the trial court, but the trial court has not evaluated the evidence in its true perspective and came to wrong conclusion on most hyper technical grounds, which are not available under the law, therefore, the finding arrived at the by the trial court is liable to be reversed and a decree be passed against the respondent.

(3.) From evidence of Laxman Singh (AW-1) and Fagu Singh (AW-2), it is established that marriage between the parties solemnized on 15.05.2000 and after one year of marriage, she (respondent) deserted the appellant. The appellant made frequent efforts to bring the respondent from her parental home, but the same proved to be futile exercise that is why the appellant filed the petition before the trial court on 30.01.2003.