PIARE LAL Vs. KAILASH DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 11.3.1997 rendered by the Additional District Judge, Hisar dismissed the divorce petition filed by the appellant-husband on the grounds of cruelty and desertion.

(2.) Marriage between the parties took place on 19.1.1990 and a female child was born on 7.8.1990 out of the wedlock. Husband filed a divorce petition on 2.12.1994 alleging, inter alia, that the child born to the wife was not conceived from the husband and the wife was pRegulation nt from one Subhash at the time of marriage. By a compromise dated 25.2.1994 before the panchayat, the marriage was agreed to be dissolved but still the wife withdrew her consent when divorce petition seeking divorce by mutual consent was filed. The wife contested the petition and pleaded that the child was conceived after the marriage and she has no illicit relations with the Subhash as alleged. She denied the compromise before the panchayat in the manner pleaded by the husband.

(3.) The trial court after appreciating the evidence, rejected the husband's version holding that the allegation of the husband was not proved, in view of evidence of Dr. Rekha Bansal, RW 1, who was attending to the wife, to the effect that the delivery was premature and pRegulation ncy was seven months old at the time of delivery. The trial court, therefore, rejected the allegation of the husband that the wife was having illicit relations with some other person. Since the allegation of the husband was not proved, the trial court rejected the plea and dismissed the divorce petition.