- (1.)THIS appeal is filed under Section 28 of the Hindu Marriage Act challenging the judgment and decree dated 14. 12. 1993 passed by District Judge, East Niwar, Khandwa in Civil Suit No. 39-A/1992 of dismissing the petition filed for divorce on the ground of cruelty and desertion.
(2.)THE admitted facts of the case are that the marriage in between the appellant and the respondent was solemnised on 1. 7. 1989 at Khandwa by Hindu customs and now the appellant and respondent are living separately.
(3.)THE case of the appellant is that the respondent Anita Bai has just after the marriage started using filthy words and she was lady of bad temperament. That Anita Bai used to demand telcom powder of better quality and other items of fashion and make-up and threatened to commit suicide if her demands are not fulfilled. That the appellant has stated that he has made many attempts to persuade respondent to behave properly and give due respect to his family members but she had no love and respect for his family and her behaviour had not improved. The appellant/husband has averred that his wife is living separately from him from 1990 and she has deserted him. That respondent/wife has taken back the gold and silver ornaments detailed in Para 7 of the petition. That the decree of divorce be passed against the respondent/wife and it be ordered under Section 27 of the Hindu Marriage Act that she should return back the gold and silver ornaments given to her in the marriage.