TEJINDER VOHRA Vs. MANMOHAN SINGH VOHRA

JUDGEMENT

(1.) This is wife's appeal against the judgment and decree for divorce dated 24.7.1995 granted by the Additional District Judge, Faridabad, on the ground of cruelty.

(2.) The marriage between the parties took place on 16.4.1978 and two daughters were born out of the wedlock. The respondent-husband filed divorce petition on 22.4.1993 alleging that the appellant-wife was doing a job at Faridabad and was not willing to come and live with where his parents was residing. It was further alleged that the respondent-husband sold-his shop at Delhi with intent to settled down at Faridabad with the appellant-wife, but the appellant-wife spent the money on furniture and household goods and on account of quarrel, the respondent-husband shifted to Delhi. In Dec., 1989, the parties resumed cohabitation, but the appellant-wife did not improve her behaviour and gave a chapal blow to the respondent-husband in the presence of a neighbour. The petition was contested by the appellant-wife and stated that the respondent-husband was a habitual drunkard and was ill-treating the appellant-wife which resulted in separation of the parties.

(3.) The trial court observed that the parties were living separately and that there could be no cohabitation. From the statement of the appellant-wife to the effect that she could agree for divorce, if she was compensated, the trial court also observed that from the oral evidence led by the respondent-husband to the effect that the appellant-wife had levelled allegations against his father proved the allegation of cruelty. The evidence was further to the effect that the appellant-wife used to abuse her husband in the presence of others. Accordingly, the trial court granted the decree for divorce. Aggrieved thereby this appeal has been preferred by the appellant-wife.