(1.) This appeal filed on behalf of the husband arises out of an application filed by the wife for a decree of divorce under Section 13 of the Hindu Marriage Act, on the ground of the husband having voluntary sexual intercourse with one Kamlesh his brother's wife and on the ground of cruelty on his part with the respondent-wife.
(2.) The marriage between the parties took place on 25th April, 1978 at Faridabad. The wife lived with her husband for two or three days and then returned to her parent's house. She was brought back to the husband's house after about a month and she lived with him for about 15 days. During her stay she noticed that the husband had illicit connections with his sister-in-law, i.e. brother's wife, named Kamlesh. According to the allegations in the petition, she had actually seen her husband in a compromising position with her and when she protested against the aforesaid conduct of the husband, she was given several heating. It was also alleged in the petition that the husband brought home some undesirable persons and wanted the respondent to have illicit connections with them. On her refusal to comply with his wishes, he gave heating to his wife which caused reasonable apprehension in her mind that it will he harmful or injurious for her to live with the husband. Ultimately, the husband turned out the wife from his house empty-hand in less than two months of the marriage. In the written statement, husband admitted the marriage and the fact that the parties had lived together as husband and wife for a period of less than two months a the marriage. fie denied having given a beating to her or having forcibly turned her out of the house empty - handed. According to him, the wife's father was dealing in milk at Faridabad and he wanted that he should stay with him and help him in his milk business and hand over earnings to him. This, according to the husband, did not suit him as was well employed with Escorts Limited and also had old and invalid parents to look after. Since the parents of the wife did not appreciate his difficulties but stuck to their demand that he should come and with them the wife of her own accord, it is alleged left the husband's ho on 19th June, 1978, i.e. within less than two months of the marriage was further pleaded that during her stay her behaviour was unbecoming towards the husband and the other members of the family as she refused to cook meals and to assist the husband's mother in the house-hold affairs. The allegation of illicit connections with his sister-in-law was categoric denied and it was stated that, in fact, the said sister-in-law was the sister of the wife's mother i.e. her Massi, and, therefore he used to treat her like his own mother. On the pleadings of the parties, the trial Co framed the following issues:
(3.) During the pendency of that petition for divorce, an application under section 27 of the Hindu Marriage Act for disposal of the property which was presented at the time of the marriage, was also filed by the wife-respondent. Evidence was separately recorded therein and ultimately it was directed that the husband shall pay Rs. 5,000/- in view of the evidence on the application under section 27 of the Hindu Marriage Act.