RAM DASS Vs. KUSAM

JUDGEMENT

(1.) THIS is an appeal and has been directed against the judgment and decree dated 26.4.2000 passed by the Court of learned District Judge, Jalandhar, who dismissed the petition under Section 13 of the Hindu Marriage Act filed by Shri Ram Dass husband against his wife Smt. Kusam for the dissolution of the marriage.

(2.) THE case set up by the petitioner-appellant before the trial Court and before the High Court is that the marriage between the parties was solemnised on 10.6.1993 at Jalandhar. The parties lived in Jalandhar after the marriage as husband and wife. They co-habited with each and out of this wedlock a female child by the name of Palak was born on 27.5.1994. It is alleged by the appellant that right from the very beginning the behaviour of the respondent was not respectful to him and his family members. She used to insult him without any sufficient cause. Respondent used to tell him that he was not as per her status and his family was also not up to status of the family of the respondent. Respondent used to make taunts by saying that the family of the petitioner-appellant was uneducated and its standard of living is very poor. The respondent compelled the petitioner to have a separate house or he should start living in the parental house of respondent as Ghar Jamai. The petitioner-appellant is unable to live separately from his helpless widow mother and his brother whose wife had died leaving a minor female child upon which the respondent became angry. Respondent used to lose temper when the appellant used to take care of the child of this brother. Respondent was in the habit of not attending the domestic duties. She refused to prepare tea and meals etc. for the petitioner and his relatives. She used to shirk work. Then on 13.1.1996, the respondent left the house with all valuable clothes and jewellery. She also took away with her the minor child. On 6.5.1996 the respondent with two unknown persons came to the house of the petitioner and on the asking of the respondent those two unknown persons gave beating to the petitioner and then ran away. On 8.5.1996, the mother of the petitioner arranged a Panchayat and the petitioner and the other members of the Panchayat went to the house of the parents of the respondent and made a request for the rehabilitation of the respondent but the respondent and her parents insulted the petitioner and the other members of the Panchayat. With these allegations the appellant has prayed that a decree of divorce on the ground of cruelty by filing the petition which was instituted in the trial Court on 6.9.1996.

(3.) THE petitioner filed a replication to the written statement of the respondent in the trial court in which he reiterated his allegations made in the petition by denying those of the written reply and from the pleadings of the parties the trial court framed the following issues :-