Full Judgment
F.A.No.149/1997 18/7/2013: None appears for the parties.
This is an appeal filed by the appellant-wife challenging the judgment and decree dated 27.9.96 passed by the IVth Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No.149-A/90 allowing the application filed by the respondent-husband and directing for dissolution of the marriage.
As seen from the records, the appeal was filed on 1.3.1997, it was admitted on 4.4.97 and since then none is appearing for the parties.
When the case is called up today, again none is present.
As the case is pending for more than 15 yeaRs.we have gone through the records and are deciding the matter based on the material available on record.
Appellant and respondent were married on 10.3.1987 at Jabalpur.
According to the respondent-husband, immediately after the marriage within a period of two or three months, appellant went to her house and started staying with her parents.
It is stated by the respondent-husband that the appellant was not at all interested in living with him and was not at all concerned about discharging her marital responsibility.
It was said that on 13.8.87 she went alone to her parents house and in the morning when she was found in the house, enqueries were made when it was found that she has gone to her parents house.
According to the respondent- husband on being contacted that appellant said that she would come in three-four days.
However, when she did not come upto 31.5.90 inspite of persuasion a legal notice was sent and thereafter when she did not come again for a period of more than three yeaRs.the suit in question was filed on the ground of desertion.
The appellant herein the wife refuted the grounds of desertion and stated that immediately after the marriage the respondent-husband and his parents were demanding dowry.
They were ill treating her and therefore, unable to bear the same, she had to stay with her parents.
Based on the evidence and material that came on record, four issues and two additional issues were framed.
The issue framed pertain to desertion as alleged by the husband and demand of dowry as alleged by the appellant wife.
Based on the evidence and the material that came on record, learned Trial Court recorded a finding that the appellant left the house of her husband on 13.8.87 and thereafter for a period of more than three years of filing the suit in question and thereafter she was refusing to stay with her husband and discharge her marital responsibility .
The allegation of cruelty and demand of dowry was found to be not proved and contention of the appellant in this regard negated.
Finding the case of desertion to have been made, the decree in question has been passed .
In the memorandum of appeal except for contending that the findings recorded by the Court below are perveRs.and unsustainable, no substantial question or ground is raised based on which the finding recorded by the learned Court below can be interfered with.
We have gone through the judgment rendered by the learned Court below and perused the statement of witnesses available on record and we are satisfied that a reasonable finding has been recorded by the learned Court below in the matter and not after a period of more than 17 yeaRs.we see no reason to interfere into the matter.
Appeal is therefore, dismissed.
Original record be sent back to the Court below.
(Rajendra Menon) (A.K.Sharma) Judge Judge mrs.mishra