SANJEEV KUMAR Vs. MEENAKSHI @ RITU PRASHER

JUDGEMENT

(1.) This appeal has been filed by the appellant-husband, against the judgment dated 30.11.2006, passed by the Additional District Judge, (Adhoc), Patiala, whereby the petition of the appellant filed under section 13 of the Hindu Marriage Act, 1955 (for short the Act) for dissolution of the marriage of the parties was dismissed. In nutshell, the facts are that marriage between the parties was solemnized on 10.5.1998. A female child was born on 11.5.1999. It was allege by the husband that from the very beginning of the marriage, the relations between them were not cordial on account of her bad temperament and unbecoming attitude towards him and his family members. She always used filthy and insulting language and created scence in front of relatives and friends of the husband. She did not provide food to him and his parents. She was quarrelsome and short-tempered lady. The respondent-wife wanted him to reside at Patiala as live-in husband. On 30.9.1999, she left the matrimonial home and took away the valuables and gold ornaments worth Rs. 50,000/-. She left behind her four months old daughter. The appellant along with his parents went to Patiala, but they were insulted and humiliated. On 7.10.1999, brother of respondent-wife came to the house of the appellant and took with him the minor daughter of the parties in the presence of the village Sarpanch. The efforts were again made to bring back the respondent-wife to the matrimonial home, but all went in vain. Appellant received threats from respondent and her brothers. The Appellant-husband lodged a complaint with the Village Panchayat Sanghol and S.H.O. Police Station, Khamanon. It was the case of the husband that he suffered mental cruelty at the hands of the respondent-wife and filed a petition for dissolution of marriage.

(2.) On notice, the allegations leveled by the appellant-husband were denied by the respondent-wife. Counter allegations of demand of dowry and ousting from the matrimonial home by the husband were leveled. In the rejoinder filed by the husband, the allegations by the respondent-wife were controverted reiterating the pleas taken in the petition. It was further stated that husband and his parents were harassed by the respondent-wife by lodging FIR No. 252 dated 6.4.2001 against them under section 406/498A IPC at Police Station Kotwali, Patiala. The matter was enquired into by the police and a cancellation report was filed in the court of Chief Judicial Magistrate, Patiala. Another FIR No. 396 dated 31.5.2001 registered against a friend of the appellant-husband, which was found false and cancellation report was filed in the court.

(3.) From the pleadings of the parties, the following issues were framed: