SURINDER SINGH Vs. SURESH

JUDGEMENT

(1.) SURINDER Singh. husband in this First Appeal challenges judgment and decree of the District Judge dated November 10, 1987 dismissing his petition filed under Section 13 of the Hindu Marriage Act. The petition was filed on the grounds namely, cruelty on the part of the respondent and desertion. Marriage between the parties took place on. June30. 1982. For sometime, they lived together. No child was born out of the wedlock. The appellant is serving in the Navy. After the marriage, the respondent wife stayed with the husband for about 2 days and thereafter left for her parents house. She came back on July 2. 1982 and stayed there up to July 21, 1982. She left the house without knowledge of the petitioner in his absence on that date. When family members of the petitioner objected to the same, she adopted a defiant attitude and abused them. On September 30, 1982, the husband brought his wife back to his house after grant persuasion where she stayed up to October, 5,1982. He was completly ignored by her during this period. She neglected her duties of a legally wedded wife. She did not attend to the domestic duties. She refused to cohabit with the husband. She insulted her husband in the presence of his friends and relations. Thus, she treated her husband with cruelty. After leaving husband's house in the company of her brother, she never visited his house again. Several times, attempts were made to bring her back but futile.

(2.) THE petition was contested by the wife Smt. Suresh. She admitted the factum of marriage and that no child was born" out of the wedlock. The husband and her in-laws, started maltreating her, raising demands of dowry. She was not provided with food and drinks for days together. She was given beating. She denied having left the house of her husband on July 21, 1982 without his knowledge. She also denied that she was brought from her parents' house and she finally left on October 5, 1982. She denied the allegations of cruelty and desertion. It was in the first week of November, 1982 that she was given severe beating and turned out of the house by the husband after snatching all her Istridhan. Since, her parents were poor, unable to maintain her, she was residing with her maternal uncle. She filed an application for maintenance under Section 125 of the Code of Criminal Procedure. The present petition filed by the husband Surinder Singh was counter-blast to frustrate her application aforesaid. She was ready and willing to join her husband provided she was honourably maintained and not maltreated. On the pleadings of the parties, the Trial Court framed the following issues : (1) Whether the respondent has been cruel to the petitioner ? OPP. (2) Whether the respondent has deserted the petitioner without sufficient cause ? OPP. (3) Relief.

(3.) AFTER both the parties had led evidence, both the issues were decided against the husband and the petition was dismissed by the Trial Court.