PREM KUMAR MISRA Vs. MADHU MISRA @ GUDIA

JUDGEMENT

(1.) We have heard Shri H.N. Shukla, learned counsel appearing for the appellant-husband, and Shri B.N. Mishra, learned counsel appearing for the defendant-wife.

(2.) The First Appeal No. 247 of 2007 arises out of a judgment and order dated 3.8.2007 passed by the Additional Principal Family Judge, Allahabad in Matrimonial Case No. 187 of 2003, by which he has dismissed the Suit filed by Shri Prem Kumar Misra-the husband for divorce under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 (in short, the Act) on the ground of cruelty by the respondent-wife.

(3.) The plaintiff-husband filed the suit for divorce under Section 13 (1) (i-a) of the Act on the ground of cruelty on the allegations that the marriage between Shri Prem Kumar Misra-the plaintiff-appellant and Smt. Madhu Mishra-the defendant-respondent was solemnized on 11.5.1995 at 409 Nai Basti Kydganj, Allahabad in accordance with the Hindu customs. He brought the respondent-wife after ceremonies of 'Gauna' on 14.2.2000 to his house No. 644/508 Netanagar, Kydganj, Allahabad. The respondent-wife started troubling the plaintiff and his relatives. She did not carry out the matrimonial duties as wife with full devotion. She used to fight with the plaintiff and the members of his family and used to abuse them. Whenever the plaintiff would approach her for maintaining relations with her as her husband, she used to rebuke and abuse him. After great difficulty and persuasion by his parents she finally agreed to consummate the marriage in October, 2010. A girl child Mitali was born on 11.8.2001. After the birth of the child the respondent-wife became more irritable and used to get angry on small pretext. She would throw utensils on the plaintiff and abuse him. The plaintiff, in order to maintain peace and fearing public criticism, did not complain.