OM JOSHI Vs. SHOBHA JOSHI

JUDGEMENT

(1.) THIS appeal preferred under Section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 11th December, 1989 rendered by Vth Judge to the Court of District Judge, Indore in Hindu Marriage Case No. 6/86, thereby dismissing the application seeking relief of dissolution of marriage by decree of divorce on the ground of cruelty and desertion.

(2.) BRIEFLY stated, the facts of the case are that the marriage between the parties was solemnized in May, 78 at village Bhaurasa, District Dewas according to Hindu rites. One daughter Amrita is born from this wedlock. Parties are living separately since 14 -1 -1983. The appellant urged that the respondent was guilty of cruelty. She did not discharge her obligations. She even threatened that she would commit suicide. The respondent also deserted the matrimonial home and left the house without any reasonable cause. On these allegations, the husband claimed the decree of divorce. The respondent resisted the claim. She emphatically denied the allegation of desertion on 14 -1 -83 and also controverted the allegations as regards the cruelty. On the other hand, she pleaded that she was being harassed on the ground of bringing less dowry and was subjected to physical and mental torture. She was denied even food and clothes. On these averments, the respondent pleaded that petition of divorce deserved to be dismissed. On evaluation of evidence, the Trial Court found the allegations of cruelty and desertion as unproved. The Trial Court therefore, dismissed the petition. Aggrieved by the judgment and decree, the appellant has filed this appeal and renewed the prayer for decree of divorce.

(3.) THE appellant has amended the application in this Court through an application under Order 6, Rule 17 of the Code of Civil Procedure. Through the amended application, the appellant has urged that the respondent made unauthorised and unfounded allegations in the written statement and these allegations themselves constituted the ground of cruelty and formed the basis of decree of divorce. In pursuit of this contention, the learned Counsel for the appellant placed reliance on AIR 1987 Bom. 220 (Jaishree Mohan v. Mohan).