Madhya Pradesh Court February 1999 Judgments

Smt. Suman Singh Vs. Tulsi Ram Patel

Court: Madhya Pradesh

Reported in: I(2000)DMC495

S.C. Pandey, J. 1. This is an appeal under Section 28 of Hindu Marriage Act, 1955 directed against the judgment and decree dated 25.3.1994 passed by District Judge, Damoh in C.S. No. 18-A of 1990.2. The respondent Tulsiram Patel filed an application under Section 13 of Hindu Marriage Act, 1955 (hereinafter 'the Act') for divorce on the ground of cruelty and desertion. He stated in his application that the appellant Suman Singh was married to him in the month of May, 1987 at Damoh in accordance with the Hindu rites. It was stated that after marriage, the appellant cohabited with him for 5 to 6 days and, thereafter, in April, 1988 she came back to Damoh and remained there for a period of one month. Thereafter, she did not return to Damoh from her village after May, 1988. The result-was that the respondent was compelled to file an application under Section 97 of the Code of Criminal Procedure as the appellant was not allowed to go back to her matrimonial home. Despite the fact that a sear...