SANTOSH LALMANI TIWARI Vs. AARADHANA DEVI

JUDGEMENT

(1.) The unsuccessful husband whose Petition for divorce was dismissed by the Trial Court has filed this appeal. The facts which are necessary for determining this appeal are as under:-

(2.) The appellant and the respondent got married as per Hindu Vedic Rites on 10/07/2000. According to the appellant/husband, wife started ill-treating his parents and family members and soon after the marriage, he observed that the respondent was immature and always wished to have her way in everything and was dominating and very rigid in her behaviour. On 19/09/2001, respondent/wife gave birth to baby-girl "Tanvi". Dispute and differences between husband and wife continued even after birth of the child and, according to the husband, wife used to ill-treat his parents, abuse them and also, at times, assault them. The second child was born on 17/02/2004 and it was a baby-boy who was named "Dhyan". On 11/05/2010, respondent left her matrimonial house and she was residing separately since then. According to the husband, respondent has threatened him that she would commit suicide if the husband made any attempt for reconciliation. The husband, therefore, filed a Petition for divorce on 24/01/2011 against the respondent/wife under section 13(1)(ia) of the Hindu Marriage Act for the cruelty caused by the respondent to the petitioner/husband. Despite service of summons, respondent/wife did not appear before the Court and, therefore, Trial Court was pleased to proceed ex parte against the wife by order dated 10/02/2012. The appellant/husband led evidence and produced list of documents in support of his Petition. Trial Court, after hearing the husband ex parte, was pleased to dismiss the Petition for divorce by judgment and oder dated 12/6/2012.

(3.) Both the learned Counsel appearing for husband and wife contended that decree for divorce be passed by mutual consent and also urged that decree of divorce be passed forthwith without waiting for a further period of six months as contemplated under section 13B of the Hindu Marriage Act.