RAJNISH KUMAR Vs. RAJNI BALA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 19.01.2012 passed by the Additional District Judge, Fatehgarh Sahib, (hereinafter referred to as the 'trial Court') whereby, the petition, filed by Rajnish Kumar (appellant herein), for seeking divorce under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA'), on the ground of cruelty, was dismissed.

(2.) The facts relevant for disposal of the present appeal are that the marriage of the parties was solemnised on 06.12.1998 at Sirhind, according to Hindu rites and ceremonies. A child was born out of this wedlock on 08.01.2005. It is averred that from the very beginning, the relationship between the appellant and the respondent remained strained due to temperamental differences. In the year 2000, the respondent consumed Phenol in the absence of the appellant and his mother but she could be saved by providing timely first-aid/medicines by the appellant. The respondent always maintained an insulting attitude towards the appellant and his mother. In the year 2002, the sister of the appellant came from Canada. The respondent used to quarrel with his sister and mother on petty matters. At the time of performance of 'Gand Mool Pooja' ceremony of the appellant's sister's son, the respondent created a scene, insulted the entire family and left the house of the appellant. The respondent was brought back to the matrimonial house with the intervention of Panchayat. There used to be gathering of people to resolve the differences between husband and wife. In the beginning of the year 2007, the mother of the appellant started cooking her food separately. The respondent always picked up quarrels with the appellant and forced him to take his meals with his mother. The mother of the appellant left for Canada in May, 2009. The behaviour of the respondent did not change even thereafter. She used to maltreat the appellant. On 11.06.2009, the respondent quarrelled with the appellant and insulted him openly in the street in front of their house. She left the house with the child and never came back. The respondent and her father approached the police and a compromise was effected on 02.07.2009. In pursuance of the compromise, the respondent took away the entire household articles and Maruti car bearing registration No.PB N-1769. It was further pleaded that it is a broken marriage because of the mental cruelty caused by the respondent.

(3.) In her reply, the respondent denied all the allegations levelled against her. She has pleaded that the appellant is the guilty spouse, who had been creating a scene in the house by consuming liquor, in excess. She has always been ready and willing to live with the appellant as his wife. She never treated her husband and his mother with cruelty. She also denied the fact of cooking food separately by her mother-in-law, as alleged. The appellant and his mother created false and incorrect story to get divorce. She is living at Sirhind as she is employed as a teacher there.