HARISH KUMAR SAHNI Vs. JYOTI

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional District Judge, Delhi dated 27-9-1999 by which a petition under Section 13(l)(ia) and (i)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') filed by the wife seeking dissolution of marriage on the grounds of cruelty and desertion has been allowed and the counter claim of the husband made on the similar grounds has been dismissed and the marriage of the parties has been dissolved by a decree of divorce.

(2.) The wife had filed the petition for divorce with the averments and allegations that the parties were married on 11-3-1992 and lived together for a short duration i.e. till 24-6-1993 and also for one day on 6-7-1993 and even during her short stay at the matrimonial home she was treated like a maid-servant was made to do all household chores like cooking, washing for the entire family and she was called by names, abused in filthy language and even not properly fed. Certain demands for articles like colour TV and gold watch etc., were also put forwarded by the husband The appellant husband not only controverted the allegations made by the wife but also made a counter claim for divorce on the ground of cruelty and desertion on the part of the wife.

(3.) On the pleadings of the parti's learned trial court framed following:- 1. Whether the respondent had treated the petitioner with cruelty after the solemnization of the marriage? 2. whether the petitioner has treated the respondent with cruelty after the solemnization of the marriage? 3. Whether the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of this petition? 4. whether the petitioner deserted the respondent for a continuous period of not less than two years immediately preceding the presentation of this petition? 5. Which of the parties, if any, is entitled to a decree of divorce? 6. Relief.