CHANDRA MOHAN KHURANA Vs. NEETA KHURANA

JUDGEMENT

(1.) This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 31-7-2002 passed by learned Additional District Judge/ 1st F.T.C. Hardwar in Civil Appeal No. 74 of 1998, whereby he has confirmed the judgment and decree passed by the trial Court in original suit No. 78 of 1991, between the parties. (The suit appears to have been decided prior to creation of Family Court at Hardwar).

(2.) Brief facts of the case, are that the appellant-Shri Chandra Mohan Khurana, instituted a suit under Section 13 of Hindu Marriage Act, 1955, for a decree of divorce against the respondent. The appellant got married to the respondent on 20-10-1988, at Hardwar, according to Hindu rites. It is pleaded in the petition that after the marriage, parties lived together till March 1989. According to the husband, he discharged his duties as a husband towards his wife but his wife used to quarrel with him and at times used to stay away in the night. It is alleged that her behaviour with the appellant was not good and she used to commit cruelty against him. Since March, 1989, according to the appellant, his wife deserted him without any reasonable cause. On the basis of these allegations, the husband sought decree of divorce against the wife. on the grounds of cruelty and desertion.

(3.) The respondent contested divorce petition and filed the written statement. She has alleged that her husband and his relatives were not happy with the dowry received by them, as such they started treating the respondent with cruelty. It is further alleged by the respondent that her husband is a drunkard and used to come late in the night. It is also pleaded in the written statement that appellant used to-beat the respondent. The appellant was posted in the State Bank of India, Ranipur, Hardwar and the respondent was working with Punjab National Bank, at Lucknow. Initially, she used to come to Hardwar to give company to her husband, each time for three months. But according to her, appellant did not respond well to the co-operation given by her. It is also stated in the written statement that out of the wedlock, twins were born on 21-8-1989 in Sahni Nursing Home, Lucknow. But none from the side of the husband including himself, came to see the respondent or his twin daughters. The husband wanted that the respondent should get constructed a house at Ghaziabad, after taking loan. In June, 1990, again the respondent made efforts to stay with her husband but his behaviour did not change and since then now she lives with her parents at Lucknow.