SURINDER SINGH Vs. TEJINDER KAUR

JUDGEMENT

(1.) F.A.O. 189/84 is an appeal under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree of Shri R.C. Jain, Additional District Judge, Delhi dated 27/7/1984 dissolving the marriage between the parties by a decree of divorce under Section 13(1) (ia) and (ib) of the Said Act. F.A.O. 181/84 is also an appeaunder Section 28 of the said Act against the order dated 27/7/1984 of Shri R.C. Jain, Additional District Judge, Delhi under Section 27 of the Act directing the husband to pay a sum of Rs. 5,000.00 to the wife towards compensation in respect of the articles mentioned in list, Ex. RW-1/1 and further directing the payment of the sum of Rs. 175.00 per month towards maintenance and education of the minor son. Both these appeals are disposed of by this common order.

(2.) . The case of the husband as set out in the petition and the defence of the wife as set out in the written statement has succinctly been set out in the judgment of the trial Court and may be seen from there. The first issue in the case is whether the wife treated the husband with cruelty after the solemnization of the marriage. The second issue is whether the wife deserted the husband for a continuous period of not less than two years immediately preceding the presentation of the petition. The trial Court considered the entire evidence and the material brought on the record and after hearing the counsel for the parties gave its findings. The trial Court referred to the two incidents of cruelty of 11/11/1975 and 22/11/1977 and the Conduct of the parties relating to it and came to the conclusion that the acts of commission and omission on the part of the wife and her other family members were bound to result in the great physical and mental torture of the husband and no husband can be expected to endure such a conduct for a long: time. The finding is returned that such a conduct of the wife squarely falls within the term 'cruelty'. On a consideration of the facts, circumstances and the entire evidence, the trial Court concluded that the wife has treated the husband with cruelty. It was also found that the husband has successfully established on the record that the wife has withdrawn from his society ever since 11/1/1976 with the intention of bringing the cohabitation permanently to an end. In the result, the marriage between the parties is dissolved by a decree of divorce under Section 13(1) (ia) and (ib) of the said Act. F.A.O. 189 of 1984 is directed against this judgment and decree.

(3.) . During the pendency of the proceedings before the trial Court, an; application under Section 27 of the said Act was also made by the wife claiming the return of various articles as detailed in the list. The trial Court after evaluating the evidence on the record ordered the husband to pay a sum of Rs. 5,000.00 to the wife towards her claim in "respect of the articles at Sl. Nos. 14 to 22, 25, 26 and 29 in the list, Ex.RW-l/l. The trial Court also, in exercise of the powers under Section 26 of the Act directed the husband to pay Rs. 175.00 per month to the wife towards the maintenance and education of the minor son Amandeep Singh till further orders. F.A.O. 181/84 is directed against this part of the order.