Mangla Bai vs Omprakash
2024 Latest Caselaw 3022 MP

Madhya Pradesh High Court

Mangla Bai vs Omprakash on 1 February, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vijay Kumar Shukla

                                                                1
                                IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                      CHIEF JUSTICE
                                                            &
                                        HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 1 st OF FEBRUARY, 2024
                                                   FIRST APPEAL No. 151 of 2005

                           BETWEEN:-
                           MANGLA BAI W/O OMPRAKASH, AGED ABOUT 30
                           YEARS OCCUPATION - NIL, R/O SILAWAD TEHSIL AND
                           DISTT.- BARWANI (MADHYA PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI B. S. GANDHI - ADVOCATE)

                           AND
                           OMPRAKASH S/O BABULAL JI TELI, AGED ABOUT 35
                           YEARS,    R/O SINGHANA, TEHSIL - MANAWAR ,
                           DISTRICT- DHAR (MADHYA PRADESH)

                                                                                          .....RESPONDENT


                                     This appeal coming on for orders this day, Hon'ble Shri Justice Vijay

                           Kumar Shukla passed the following:
                                                                 ORDER

The present appeal is filed under Section 28 of the Hindu Marriage Act, being aggrieved by judgment dated 7.2.2005 passed by Additional District Judge, Manawar, district - Dhar in H.M Case No.3-A of 2002 whereby the petition for dissolution of marriage filed by the respondent was partly allowed.

2. The respondent filed a petition for divorce under Section 13 of Hindu Marriage Act for dissolution of marriage on the ground of cruelty by the

appellant. It is stated that one night when the respondent was sleeping he got the smell of something burning. Upon getting up he saw that the appellant set fire on the blanket and was sitting on it. Thereafter, he shouted for help and tried to extinguish fire. The appellant was shouting that she wants divorce. Prior to that also the appellant had lodged false report in the police against the respondent. The trial Court after appreciating the evidence of the respondent and the witnesses, found that the respondent was being subjected to physical and mental cruelty by the appellant by filing false cases and also making an attempt to murder him. The independent witnesses PW 2 - Bhagwan, PW - 3, Goma, PW - 4, Kailashchandra, PW - 5, Radheshyam have supported the testimony

of the respondent. Despite decree for restitution of conjugal rights in favour of the respondent, the appellant did not agree to stay with him.

3. In the previous case filed by the appellant, the Court has recorded the finding that the appellant is subjecting the respondent with cruelty. Thus, we do not find any illegality or perversity in the order passed by the Appellate Court which is based on proper appreciation of acts and evidence. Even otherwise, it is not disputed that the appellant is living separately since 1998 and, therefore, no purpose would be served in setting aside the decree of divorce.

4. In view of the aforesaid, the appeal being devoid of merit is dismissed.

                                (RAVI MALIMATH)                                 (VIJAY KUMAR SHUKLA)
                                  CHIEF JUSTICE                                         JUDGE
                           PK