RAMAKANT DUBEY Vs. USHA DUBEY

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act, 1955 has been preferred by the appellant being aggrieved by the judgment and decree dated 10. 10. 2003 passed by the Additional District Judge, damoh in Civil Suit No. 5-A/2000, whereby the divorce petition filed by the appellant has been dismissed.

(2.) THE facts of the case in short are that the marriage of appellant and respondent was solemnized on 06. 05. 1989 as per Hindu rites and customs at Dhamtari, District Raipur. At that time appellant was employed as an U. D. T. at village Khartuli whereas respondent was employed as a Lecturer at Dhamtari. After marriage respondent was brought to village Khartuli but she was not willing to live there, therefore, the appellant brought her at Dhamtari where they started living peacefully as husband and wife. But later on she started misbehaving with him. On 08. 05. 1990 she kicked at his scrotum on account of which he became unconscious. Meanwhile she left the house and went to her parental house. On 17. 05. 1990 she delivered a son but she did not permit him even to touch his son. Thereafter on 21. 07. 1990 he filed the divorce petition at Raipur. The respondent also lodged F. I. R. under Section 498-A of I. P. C. He faced the trial but was convicted and sentenced in that case. The criminal appeal was preferred. The parties entered into compromise. Consequently, he was acquitted from the charge and the divorce petition was withdrawn. Thereafter in the year 1997 he was transferred from khartuli to a village in Sagar Division and subsequently he was transferred to Damoh. Respondent also got her transfer from dhamtari to Damoh where they lived as husband and wife. She delivered a female child in the year 1998 but the behaviour of respondent did not improve. Appellant took a house on loan in housing Board Colony, Damoh in August 1999. The father and brother of the respondent started living there therefore he used to live in the house of his relatives. On the false report of the respondent he was called at police station, Damoh on 05. 09. 1999 but on the basis of compromise no action was taken by the police. The respondent after selling her ornaments gave the money to her parents. The election material was kept in his house but she prevented him to carry the same and at the intervention of police only he could carry the election material on 18. 09. 1999. He was treated to cruelty by respondent. Hence filed the divorce petition under Section 13 (1) (i-a)of the Hindu Marriage Act, 1955 to dissolve the marriage.

(3.) THE respondent filed the written statement denying the allegations made in the petition mainly contending that she has never misbehaved with the appellant. She has never insulted, threatened, taunted, or caused marpeet and has never subjected him to cruelty. On the contrary, the appellant himself caused her marpeet several times, used to harass her and on account of which she has to lodge the report against him. He tried to withhold the supply of water and electricity with intent to evict her from the house. The appellant did not change his behaviour and used to cause her marpeet. He has made the false grounds for divorce hence the petition be dismissed.