SUKHDEV ALIAS BALJEET SINGH Vs. SHARDA DEVI

JUDGEMENT

(1.) This appeal arises out of a petition filed under section 13 of the Hindu Marriage Act, for divorce on behalf of the husband, the appellant, against his wife, the respondent, which has been dismissed by the trial Court.

(2.) The marriage between the parties took place in the year 1973. Out of the wedlock, a son was born who died after four or five months. According to the appellant the parties lived together as husband and wife at Village Chaur Mastpur where the marriage was consummated. The respondent wife left the house of her husband the appellant, in his absence, without any reasonable excuse, along with her brother, in the year 1975. She also took away cash and gold ornaments with her. Subsequent efforts to bring her hack did not succeed. The respondent wife filed an application under section 125, Code of Criminal Procedure, in the year 1976, for the grant of maintenance which was allowed to her at the rate of Rs. 70/- per month. According to the appellant, he tried to bring round the respondent and to make her to come to his fold, but the behaviour of the respondent and her parents was very rude and they even threatened to get the respondent remarried. He therefore, alleged that the respondent had deserter! him and claimed a decree of divorce on that ground.

(3.) In the written statement, filed on behalf of the respondent, it was pleaded that the appellant demanded huge dowry from her and on her inability to bring the same, he gave her heating. He maltreated her and mercilessly beat her after the death of the male child and turned her out of his house. Her parents tried to persuade the appellant to accept her and to provide maintenance to her, but he refused to do so and did not pay any maintenance either. On the pleadings of the parties, the following issues were framed: