RAKESH Vs. PHOLAN DEVI

JUDGEMENT

(1.) This is an appeal under Section 28 of Hindu Marriage Act, 1955 filed by the unsuccessful appellant/husband against the judgment and decree dated 30.10.2014 by Additional District Judge Lahar in HMA Case No. 4/2002.

(2.) It was not disputed that the appellant married to the respondent in June, 1999 according to the Hindu rites and a girl child is born due to this wedlock.

(3.) The appellant husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent/wife alleging cruelty and desertion. It is alleged that after the marriage, the respondent/wife lived with the appellant for two months and she was pressurizing the appellant to live separately from his family. The appellant not having sufficient means except joint property of 7 bigha cultivating land, refused to live separately. The respondent then declined to do the domestic work and her behaviour changed. She often abused the appellant's parents. Thinking that things will change after the birth of the child, the appellant tolerated the cruelty. He tried to change the temperament of the respondent but failed to do so.