LAWS(DLH)-1981-4-59

SMT. PUSHPA RANI Vs. KRISHAN LAL

Decided On April 08, 1981
Smt. Pushpa Rani Appellant
V/S
KRISHAN LAL Respondents

JUDGEMENT

(1.) The respondent Kishan Lal filed a petition against his wife Pushpa Rani for dissolution of their marriage u/s. 13 of the Hindu Marriage Act. The husband alleged that they were married on Mar., 10, 1974 and were living in the house of, and along with the family of, Hans Raj Juneja and his wife Bindra Devi whom the husband treated as his parents. He further alleged that the wife used to pick up quarrels with him and threatened to involve him in some criminal case. On July 28, 1976 at about 10.30 a.m. while he was in the bathroom, she tried to commit suicide by pouring kerosene oil on herself and setting herself on fire in the kitchen. On hearing her shrieks, he rushed to her rescue. He and Smt, Bindra Devi removed her to hospital, where she was looked after by Junejas. Moved by her entreaties, he agreed not to report the true facts to the police for the sake of matrimonial happiness. But she resumed threatening him with dire consequences, and declared that she would not live with him. He was, therefore, forced to leave her at the house of her parents on Sept., 4, 1976. Since then she did not return to her matrimonial home.

(2.) On July 4th 1977 she filed an application u/s. 125 Cr.P.C. for maintenance alleging inter alia that the husband all the time danced attendance on Bindra Devi and brought presents for her and carried her to places of entertainment. In his reply of Oct., 18, 1977 the husband charged that her brother used to visit her secretly and used to be closeted with her for long intervals giving rise to the suspicion that she was having some extra -marital relations with him,

(3.) The husband made the present petition on Jan., 10. 1979 seeking divorce on the ground both of cruelty and desertion.