HARISH CHANDRA SINGH CHILWAL Vs. PUSHPA

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of Family Courts Act 1984, is directed against the judgment and order dated 11.9.2007, passed by Principal Judge, Family Court, whereby petitioner/ appellant's Divorce Petition No. 56 of 2003, under Section 13 of Hindu Marriage Act, 1955, is dismissed by said Court.

(2.) BRIEF facts of the case are that both the parties are Hindus. Petitioner -Harish Chandra Singh Chilwal, got married to respondent Smt. Pushpa, on 23.2.1993, at Ramnager, according to Hindu rites. After the marriage, for sometimes the couple lived peacefully but thereafter they started quarrelling. Out of the wedlock, two daugthers were born, who are now grown up. The petitioner/appellant's case is that respondent used to insult him by saying that his practice as an Advocate is poor and he is living as a dependent on his family. She used to taunt him by saying that she earns more than her husband. It is further alleged that she used to insist her husband (present petitioner/appellant) to get separated from his joint family. Agreeing to demand, the petitioner started living with his wife in a rented accommodation. It is further alleged in the divorce petition that respondent used to go to her parents house too frequently. It is further alleged that respondent insulted the petitioner's mother and committed cruelty against the petitioner and his family. Finally, in the year 2002, she left the house of the petitioner. The petitioner has further alleged that petitioner is regularly sending amount of maintenance for children, who are living with his wife. It is further stated that petitioner herself is earning member and is teaching in a school.

(3.) ON the basis of the pleadings of the parties, the Trial Court framed following three issues: