SURJEET SINGH Vs. RANJANA DEVI

JUDGEMENT

(1.) This is a husband appeal, against the dismissal of Matrimonial Suit No. 112 of 2011, filed under Section 13 of the Hindu Marriage Act seeking dissolution of marriage against the respondent wife.

(2.) Primarily, Mr. Siddhartha Sah, the learned counsel for the appellant, while assailing the judgment dated 20th May, 2014, passed by the Principal Judge, Family Court, Pauri Garhwal, has tried to impress upon the Court about the alleged cruelty which he contends to have been committed by the respondent on the ground that she has shown disrespect to the parents of the husband. In the suit, she has raised the allegation of character assassination, which cannot be forgiven as it tarnishes his social image. Since the allegation of extra martial relationship was not established, it would amount to be cruelty as provided under Section 13 (1) (i-a) and (i-b) of the Act.

(3.) He submitted that when the learned Trial Court framed issue No. 2, pertaining to the allegation raised in para 27 of the written statement, in relation to the extra martial relationship with one Usha Rana, the burden of proof automatically tilts on wife, and same ought to have been discharged by the respondent who claims that husband was having the relationship with other lady.