PRAKASHRAO Vs. JYOTI

JUDGEMENT

(1.) THIS First Appeal under Section 28 of the Hindu Marriage Act is at the instance of the husband challenging the judgment and decree dated 19th August, 2003 passed by the Court of Additional District Judge, Shujalpur, dismissing the Case No.2/2002.

(2.) THE appellant had filed the application seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, pleading that his marriage with the respondent was solemnised on 21/2/2000. After 5-6 months of the marriage, the respondent had started creating disputes. She used to abuse and insult the parents of the appellant and falsely tell her relatives that her in-laws were demanding dowry and torturing her. She had made a false report under Section 498-A of the IPC which had ended into compromise. One day she had started fighting on the old issues and had thrown belan on the appellant and had said that she would commit suicide and send her in-laws to jail. On these pleadings, a prayer for grant of decree of divorce on the ground of cruelty was made.

(3.) LEARNED counsel appearing for the appellant submitted that from the evidence on record, the cruelty on the part of the respondent-wife is established, therefore, the appellant is entitled for the decree of divorce under Section 13(1)(ia) of the Act. He further submitted that it is a case of irretrievable breakdown of marriage, therefore, in terms of the various judgment of the Supreme Court, the appellant is entitled to the decree on this ground also. In support of his submissions he has relied upon several judgments of this Court as well as the Supreme Court.