KRISHAN LAL ARORA Vs. RAKESH KUMARI

JUDGEMENT

(1.) This is an appeal by the husband against the dismissal of his application seeking divorce on the ground of cruelty and desertion.

(2.) The parties were married on 12-2-1972 and a girl child was born in Dec., 1972. Originally an application was moved by the husband on 28-11-1977 seeking divorce on the ground of cruelty. Desertion was not pleaded as it ground evidently because it was alleged in the petition that the wife had deserted the husband and gone away from the matrimonial home on 8-4-1976, and since two years' period had not elapsed the plea of cruelty was the only one put forth for seeking divorce. The main burden of the first application was that ever since the marriage the respondent wife was not behaving properly towards the husband's mother and widowed sister who were living with them. A general allegation of misbehaviour and averment that she wanted him to live separately from his mother and sister was also made. One of the allegations also made was that she got pregnant in the month of April, 1973 and got the pregnancy terminated without his consent. A very serious allegation was also made that the wife started going out in the company of one Chuni Lal Chhabra and when it was objected to she quarrelled and left the house and remained away from April to June, 1974. In spite of the husband's telling her she would not mend her ways and, again left in March to Aug., 1975. And finally it was said that she left the house on 8-4-1976 and the reason given was said to be because the mother of the husband asked the wife to observe fast as it was 'Naurata', but she refused and was furious and left the house against their wishes.

(3.) The petition was, still at trial stage when the husband moved an application for amendment of the application, by his application of 12-4-1978. By this he also amended the petition and sought dissolution of marriage on the ground of cruelty as well as desertion. In this petition he sought to give some extra instances of alleged cruelty by the wife. What is, however, important is to note that para 9 of the earlier petition in which he had taken objection, to the going out of his wife with Chuni Lal Chhabra, and had obviously cast reflection on her character but was quietly dropped after amendment of the petition. The husband also filed a separate application on 11-5-1978 seeking divorce on the ground of desertion. Both these matters were tried together. The Additional District Judge found no merit and has dismissed the applications and the husband has come up in appeal. This order will dispose of both the appeals F.A.O. 404/80 and 403/80.