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1993 Supreme(MP) 654

A.R.TIWARI
Padmini – Appellant
Versus
Hemant Singh – Respondent


JUDGMENT

A.R. Tiwari, J.

1. Intially the correctness of the decree of divorce passed by IT? Additional Judge to the Court of District Judge, Ujiain in H.M. Case No. 54-A of 89 on 27th Nov., 1990 on the ground of cruelty in terms of Section 13 of the Act was under challenge in this appeal presented under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act') joint prayer for decree of divorce on mutual consent in terms of Section 13B of the Act has, however, materially altered the complexion of the controversy.

2. Facts are jajune, Parties were married on 22-11-81 according to vedic rites at Mandasur. The appellant came to the matrimonial home on 23-11-81 and stayed there till 13-12-81, On 14-12-81 she returned to parental home. During the sojourn between 23-11-81 and 13-12-81, the appellant denied consummation on the marriage and resisted cohabitation on the pretaxt that she suffered from the ailment of bleeding and was unfit for sexual intercourse. The respondent was in service at Vidisha. It was also pleaded that the appellant desired to marry someone else and invariably delivered threat to commit suicide on protest. She wrote letters marked as Exh. P/3 to P/6 disclosing

























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