DALJIT SINGH Vs. MANJEET KAUR

JUDGEMENT

(1.) The present appeal has been filed by plaintiff/ appellant. The necessary facts for adjudication of the appeal are as under : Daljit Singh plaintiff filed a suit under Section 13 of Hindu Marriage Act for before the Civil Judge, Dehradun, claiming the relief for decree of divorce. The plaintiff has alleged in the plaint that the plaintiff was married with the defendant in October, 1967 in District Dehradun and both resided together and during their wedlock two daughters were born. The plaintiff made an imputation in the plaint that despite being wife, Manjit Kaur did not care for the needs and comforts of the plaintiff and the defendant on the insinuation of her parents used to harass the plaintiff and continually perpetrated cruelty towards the plaintiff, on account of which it has become difficult for the plaintiff to live with the defendant. In the plaint the allegation has also been made that the defendant used to indulge in misbehaviour towards the plaintiff and did not perform her duties as an accomplished wife. According to the plaintiff on 24.7.1972 the defendant without the permission of the plaintiff and without any reason left the above of the plaintiff and took away with her total clothes and ornaments. The plaintiff went to the defendant in year 1974-75 and 1976 and made repeated attempts that the defendan should return to the place of plaintiff, however, the defendant refused to come back with the plaintiff. It has also been alleged in the plaint that the parents of the defendant want that defendant should reside with them to service and lookafter them. It has also been alleged in the plaint that the parents of the defendant desire that the plaintiff should go on sending his salary to them and spend his pay for lookingafter them. On the above allegations, the plain tiff has claimed the relief of divorce in the plaint.

(2.) The defendant contested the case and alleged in the written statement that the allegations made in the plaintiff are incorrect rather the reality is that the plaintiff perpetrates cruelty towards her. The defendant has denied also the allegations that she has come after abandoning the plaintiff residence with all the clothes and ornaments received in the marriage. The reality is that she was compelled to leave the house of plaintiff without any cloth and ornaments. The defendant has also alleged in the written statement that in November, 1971 she was having ill health and the defendant's father went to see her then the defendant was brought by her father to his house with the consent of her mother-in-law. Thereafter the plaintiff has never tried to take the defendant with him to his house nor the plaintiff tried to help the plaintiff and give necessary expenses to her.

(3.) On this pleading of the parties the following issue was framed by the Trial Court. (1) Whether the defendant without any reasonable cause is living separately from the plaintiff for more than 2 years. On evaluating the evidence, the Trial Court recorded a finding that the allegations made by the plaintiff against the defendant are baseless and there is no evidence available in his support and also recorded a finding that the contention of the defendant is correct that the plaintiff has indulged in cruelty towards her, on account of which the defendant is entitled to live separately from the plaintiff. On the basis of above findings of facts the Trial Court dismissed the suit of plaintiff. Aggrieved by the above judgment the plaintiff filed Civil Appeal No. 14/89 in the Court of District Judge, Dehradun under the Hindu Marriage Act. The saidappeal was dismissed by the Additional District Judge, Dehradun by judgment dated 10.6.1981 and confirmed the judgment of the Trial Court, and recorded a clear finding in appeal that the plaintiff has wholly failed to establish that the defendant has indulged in any cruelty towards the plaintiff, rather arrived at the conclusion that the plaintiff himself is guilty of cruelty towards the defendant. In connection with the allegation of the plaintiff that the defendant wants to reside separately from the plaintiff for doing service and earn money, the lower Appellate Court rejected this contention and held that the plaintiff was not sending any amount for the maintenance of the wife and education of the two daughters nor he ever cared to know about the welfare of wife and the two daughters by writing any letter, it is clear from this that the plaintiff has no intention to maintain his wife and the two daughters.