KRISHAN KUMAR VYAS Vs. SMT. LAKSHMI VYAS

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment dated 9-4-1980 whereby his petition under Sec. 13 of the Hindu Marriage Act on the grounds of his wife's cruelty and her living in adultery was dismissed.

(2.) It was alleged In the petition that the parties were married on 30th April, 1974 at Alwar in accordance with the Hindu rites. The parties to the marriage cohabited and lived together as husband and wife at Delhi. The respondent left for her native place in Rajasthan in the 1st week of May, 1974 on the pretext of appearing in her M. A. (Hindi) examination and was ultimately brought back from there to Delhi by the appellant's father in June, 1974. Thereafter, the respondent stayed with the petitioner for some time and suddenly left for Alwar on 30-9-1974 after abusing the appellant's parents and using filthy language about the appellant and his status in life. 'It was also alleged that the respondent came to the appellant's place on 21-6-1975 along with her father and brother and started quarrelling with the appellant on one false pretext or the other. The respondent, her father and brother in furtherance of their common intention gave physical heating to the members of the appellant's family including the appellant and as a result of the heating, the mother of the appellant got injured in the process and consequently a report to the police to that effect was lodged Thereafter the respondent never came to the house of the appellant and after a search, the appellant caste to know that the respondent was leading a life of a prostitue and was having adulterous connection with number of people. It is further alleged that the appellant came to know about the activities of the respondent in the month of June, 1971) when the respondent came to Delhi along with the number of people and after a stay in Delhi at an unknown place she again disappeared.

(3.) The petition was contested by the respondent and in the written statement, she denied the allegations of cruelty and her living in adultery. She pleaded that the whole trouble started in the lamely on account of the demand by the appellant and his family for further dowry. It was stated demand the respondent was asked to bring dowry items like fridge, television and radiogram and it is for this purpose that she was bent to her father's house. It was denied that the respondent came to Delhi with bar father and brother on 25-6-1975 as alleged. She further pleaded that every time, she came to Delhi, she was looked in the house and was not given any food and under these circumstances she was left with no alternative but to seek shelter in the house of her parents.