BALDEV PARKASH Vs. MINAKSHI SHARMA @ NEELAM RANI

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the judgment dated 20.12.2006 of the learned court below whereby petition filed by the appellant -husband under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act") for divorce, was dismissed.

(2.) BRIEFLY the facts of the case are that the marriage of the parties was solemnised as per Hindu rites on 2.7.1995 at Patiala. After the marriage, the parties resided at their matrimonial home. The marriage was consummated and two children were born out of the wedlock, who are presently residing with the mother. It was alleged that after some time of the marriage, the respondent started treating the appellant with cruelty. She always used to abuse him and pick up quarrels on petty matters. She left the matrimonial home on 7.9.2002 without any reason. The appellant tried to bring her back to the matrimonial home but he was insulted by brother of the respondent and she refused to accompany him. Thereafter, with the aforesaid allegations, the petition seeking divorce was filed.

(3.) THE respondent filed reply to the petition denying all the allegations levelled against her and stated that as her parents could not fulfill his demand of dowry, petition for divorce was filed by concocting a false story.