M Vs. A

JUDGEMENT

(1.) The appellant has challenged the judgment dated 23rd February, 2010 whereby his petition for dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of Hindu Marriage Act has been dismissed.

(2.) The parties were married according to the Hindu rites and ceremonies on 1st April, 1988 and three children were born out of their wedlock, namely, one daughter and two sons. On 29th April, 2005, the appellant filed a petition for dissolution of marriage on the ground of cruelty on various grounds inter alia that the respondent had treated the appellant with cruelty; there were continuous fights between the parties since marriage; the respondent did not take care of appellant during his illness in 2002-2004; the respondent made false allegations of illicit relationship against the appellant; the respondent left matrimonial home for days without information; the respondent filed false and frivolous cases against the appellant; and the appellant had to leave the matrimonial home in October 2004 and was living separately since then. The appellant averred that the respondent mixed the powder given by a tantric in the food of the appellant due to which the appellant fell sick.

(3.) The respondent contested the petition on various grounds inter alia that the appellant had an illicit relationship with a lady named 'Pushpa' in his office and he left the matrimonial home on his own due to his involvement with Pushpa.