BALJEET SINGH Vs. SUNIL DEVI

JUDGEMENT

(1.) Challenge, herein, appeal is to the judgment and decree dated 20.01.2011, rendered by the learned District Judge, Family Court, Bhiwani in HMA Petition No. 597 of 20.10.2009, whereby petition under Sec. 13(1)(ia) of Hindu Marriage Act, 1955 of the appellant, herein, for dissolution of his marriage with the respondent was dismissed with no order as to costs.

(2.) Case of the appellant is that marriage between the parties was solemnized on 12.05.1999 at village Bishanpura, according to Hindu rites and out of this wedlock, one male child namely Jai Bhagwan and one female child namely Sheetal were born. It is the case of the appellant that the behavior of the respondent was very cruel and bad towards him and she deserted him on 12.10.2003 without any reasonable cause and she left the house of appellant with her brother Sajjan Kumar with the request that she would stay for 15 to 20 days, but she did not turn up. When the appellant went to bring her back, she fraudulently refused to accompany him. After the marriage, appellant alongwith respectable persons again went to Bishanpura to bring her back, but she refused to join him as his wife.

(3.) Thereafter, the respondent lodged FIR No.59 of 19.03.2004 under Sections 498A and 406 of the Indian Penal Code ('IPC' for short) in Police Station Pilani against the appellant, wherein, a compromise, a copy of which is Ex.PW1/C, was arrived at and she handed over an affidavit, (copy Ex.PW1/D), with regard to dissolution of marriage between the parties mutually and in this affidavit, she had admitted that she has taken all the household articles and Rs.span5,00,000.00 as compensation in lump sum. An affidavit purporting to be divorce between the parties was also drawn by the appellant and all the expenses were paid by him. It is the case of the appellant that he went to Gurgaon for joining service in a company and when he came back, he learnt that respondent has again performed remarriage with Ram Phal and stayed with him for one week. This act and conduct of the respondent caused physical and mental cruelty to the appellant.