JAGBIR SHARMA Vs. BABLI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The parties are related to each other as husband and wife. The husband has filed this appeal by special leave assailing the judgment of the High Court of Allahabad in first Appeal No. 854 of 1995 in which the court reversed the judgment and decree passed by the family court, Meerut in Suit no. 1263 of 1989 and dismissed the petition filed by the appellant under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955. In the suit the plaintiff-husband prayed for dissolution of marriage by a decree of divorce on the ground of cruelty on the part of the defendant-wife.

(3.) The gist of the case pleaded by the plaintiff was that after the marriage the defendant wanted the plaintiff to leave the home of his parents at Meerut and come to Delhi where her parents live. This suggestion was not accepted by the plaintiff. Three children (sons) were born out of the wedlock. The defendant persistently neglected and harassed not only the plaintiff but the children also. She went to the extent of assaulting him on some occasions.