- (1.)This first appeal under Section 28 of the Hindu Marriage Act, 1955 (for short the Act) has been filed by the husband challenging the judgment and decree dated 29.11.2008 passed by District Judge, Neemuch in Hindu Marriage Case No. 32-C/2007 whereby the appellant's application under Section 13 (1) (ia) of the Act seeking divorce on the ground of cruelty has been dismissed.
(2.)Brief facts necessary for disposal of this appeal are stated as under.
(3.)The appellant husband had filed an application under Section 13 (1) (ia) of the Act before the District Judge, Neemuch seeking divorce from the "respondent wife on the ground that after the solemnisation of his marriage on 04.05.1998 with the respondent she started treating him with cruelty. He averred that after their marriage, from the very beginning Her behaviour with him and his parents was extremely cruel and irresponsible. She used to fight with him and even with his parents for no reason. She never prepared the food for him and their small daughter. She used to stay with him only for short duration. She was in the habit of leaving the house without informing him and to go at her parents house and live with them for years together. Whenever the appellant used to go to take her back she used to abuse hirn and also used to fight, with him. On account of her cruel and indifferent attitude including fighting with him and their daughter, and because of her habit of not preparing the food many a times he and his daughter had to regain without food.