(1.) This appeal by the husband is directed against the judgment and decree dated 22.3.2006, passed by the learned Additional District Judge, Bathinda, vide which petition filed by the appellant under section 13 of the Hindu Marriage Act, 1955 (for short the Act) was ordered to be dismissed.
(2.) The appellant filed a petition for divorce on the pleadings, that the marriage of the parties to the litigation was solemnized in February, 1992 at Kot Fatta, as per Sikh rites and ceremonies. Out of this wedlock, a male child was born in the year 1995. It was the case of the appellant that the marriage was simple and no gifts or dowry articles were accepted except some usual gifts in the shape of gold ornaments given by the parents and family friends of the appellant to the respondent. These articles were also taken away by the respondent/wife while leaving the matrimonial home.
(3.) Divorce was sought on the ground of cruelty on the allegations that the respondent is a lady of quarrelsome nature, and she picks up quarrels on triffles especially on the occasions of functions, family gatherings, by using abusive and unfair language towards the appellant and his family members, in the presence of relative and friends, thereby spoiling their reputation in the society, which amounts to mental cruelty. It was also pleaded case of the appellant that the respondent/wife had left the matrimonial home in the year 1998. It was after the efforts made by the respectable, that she was brought back to the matrimonial home after she had apologized in writing. On assurance of the his father and a mediator, that she would behave well in future. The parties thereafter lived together and cohabited till June, 1998 but again she left the matrimonial home in 1998. The other ground of mental cruelty was, that the respondent / wife has involved the appellant and his family members in false criminal case.