HARI SINGH Vs. BHOLI

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the appellant-husband under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act") for divorce, was dismissed.

(2.) Briefly the facts of the case are that the marriage of the parties was solemnised as per Sikh rites in October 2003 at Village Talwandi Rai Dadu, Tehsil Ajnala, District Amritsar. After the marriage, the parties resided at their matrimonial home. The marriage was consummated and one male child was born out of the wedlock, who is presently residing with the mother. It was alleged that after some time of the marriage, the respondent started treating the appellant with cruelty. She always used to abuse him and his family members. She refused to prepare the meals. She insulted the appellant many times in the presence of his relations and friends and used to throw utensils on the face of the appellant. It was also alleged by the appellant that she threatened to commit suicide and involve the appellant and his family members in a false case. On 12.5.2005, the respondent wife left the matrimonial home and also took away minor child and gold ornaments and valuable clothes, etc. Thereafter, she never returned to her matrimonial home, which resulted into filing of petition seeking divorce on the aforesaid grounds.

(3.) The respondent filed reply to the petition denying all the allegations levelled against her and stated that as her parents could not fulfill his dowry demands, he has filed this petition by concocting a false story.