BALMUKUND AGARWAL SON OF SHRI RAGHUBIR PRASAD AGARWAL Vs. SUNITA AGARWAL WIFE OF DR BALMUKUND AGARWAL

JUDGEMENT

(1.) THIS appeal has been preferred by the husband against denial of divorce sought by him under Section 13 of the Hindu Marriage Act, 1955, inter alia, on the ground of cruelty.

(2.) MARRIAGE between the parties was solemnised on 04.05.1998. The appellant was a medical graduate and studying in MS course and the respondent wife was also in the same profession working as a dentist. Two children were born out of the wedlock -- one son in the year 1999 and a daughter in the year 2003. Relations between the parties became strained which led to filing of the divorce petition by the appellant husband in the year 2003 with the allegation that the wife refused to stay with him as she wanted to continue her medical practice at Jorhat while the appellant was doing his medical practice at Guwahati. Her behaviour was not proper. In March, 2001, she met the appellant and expressed regret for the past conduct but contrary to her promise, she remained indifferent. She purchased a plot of land at Jorhat and shifted there and after 08.07.2003 she practically stopped all relations with the appellant. This amounted to wilful desertion and cruelty.

(3.) AFTER considering the evidence adduced by the parties, it was held that the version of the appellant was not acceptable. The appellant appeared as his own witness as PW 1 and examined his father as PW 2. The respondent appeared as her own witness as DW 1 and examined her father as DW 2. The version in their evidence was the same as in the pleadings, as set out above.