SUKHRAM YADAV Vs. NIRUPAMA YADEV

JUDGEMENT

(1.) THIS appeal under section 19 of the Family Court Act has been preferred by the appellant being aggrieved by the judgment and decree dated 20th January, 2004 passed by Presiding Officer, Family Court, Bhopal in RCS No. 606A/2002 whereby the application filed by the appellant under sections 11 and 13 of Hindu Marriage Act seeking divorce has been rejected.

(2.) THE facts of the petition in short are that the appellant is the husband of the respondent-Smt. Nirupama Yadav. The marriage was solemnized on 10.12.1993 according to Hindu Rites and Customs at Bhopal. They discharged the conjugal obligations upto one month but thereafter the respondent changed her behaviour and started ill-treatment with the appellant, his mother and his family members. She used to go to Bhopal at her parental house, not to return upto 15-20 days. the appellant took the rented house at 6 1/2 No. bus stop at Bhopal and lived therein for two months in 1993 but she did not live with him.

(3.) IT is also averred that his uncle Kunwar Singh and elder brother Anil Yadav went at the parental house of the respondent on 28.2.1999. She came Village Vishankheda with them and returned on the same date. Again the appellant went to her parental house with his relatives but she refused to accompany him and stated that she does not want to live with him. She has deserted him without any reasonable cause and the cohabitation has not taken place since 1995 in between them. She has also misbehaved and ill-treated with him and his family members. Thus, the appellant has been treated with cruelty. She has also made a false report at Obedullaganj police station that the appellant is performing another marriage but on inquiry it was found that no such marriage was being performed. Thus she has shaken the reputation of his family in : society.