SURESH KUMAR Vs. KANTI

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) The instant appeal has been preferred against the judgment and decree dated 30.04.2011, passed by learned Additional District Judge, Court No.8, Raebareli, in Regular Suit No.781 of 2009, by which the petition of the appellant for divorce has been rejected.

(3.) Admitted facts between the parties are that they were married with each other on 28.02.1999 and three children were born out of the said wedlock; the wife is the only daughter of her parents and her father is posted as Deputy Divisional Engineer, Telecommunication Department; after marriage the wife completed B.T.C. Training and got the post of Assistant Teacher in the year 2001 in Primary School, Bahadurpur, District Raebareli and since then her behaviour with her husband took a vertical change; at the instigation of wife the husband was compelled to separate from his family and lived in a separate house in Jawahar Vihar Colony from 26.01.2004 to July, 2004; the wife and her parents used to insult the husband by saying that he is getting hardly Rs.2500/- and whenever the husband used to stay with his wife out of affection with his children, he was being compelled by the father of the wife to get out during nights; wife is not living with her husband since 25.06.2006 and has deserted her husband and is living with her parents which is causing mental and physical cruelty to her husband; the suit under Section 13 of Hindu Marriage Act was filed which was contested by wife by filing written statement paper no.12-A1. She admitted the marriage, birth of children and the factum of separate living by the couple in Jawahar Vihar Colony, Raebareli since January, 2004 in a rented accommodation, but has pleaded that the husband demanded rupees two lakhs from her father for doing some business and due to non-fulfillment of this demand, the husband started committing mental and physical cruelty and threatened to kill and used to abuse; the wife herself used to bear the household expenses; in July, 2004 the husband beat his wife and left her along with her children in the rented accommodation and, thereby, the wife was compelled to shift from that accommodation to her father's place where she is living and since then the husband did not take care; she is fearful of being killed if rupees two lakhs are not paid to her husband; all the three children of the couple are studying in Modi Public School and one son is ill since 2006 and he is being treated at P.G.I. Lucknow; the husband is posted as Clerk in District Panchayat Office, Raebareli for the last one and half years; the husband is a clever person; the proceedings under Section 9 of Hindu Marriage Act are also pending between the parties. Both the parties led evidence in support of their cases. The learned Trial Court rejected the petition after hearing the parties against which this appeal has been preferred.