SUBHASH CHAND Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) The appeal is directed against the judgement of the learned District Judge, Gurgaon dated July 31, 1980, dismissing the petition under section 13 of the Hindu Marriage Act for dissolution of marriage.

(2.) The parties were married on December 7, 1976. lied together at Gurgaon only for it brief period of 2-1/4 months and since then are living separately. The dissolution of marriage was claimed in the petition on two grounds, i. e. desertion and mental cruelty. The case set up by the husband was that soonafter the marriage, the wife started asking him to shift to Rewari so that she could financially help her patents and louk after them. As he did not agree to the suggestion, she started misbehaving and ridiculing him in the presence of relations and friends by saying that she was more qualified and drawing higher pay than him. On February 13, 1977, the father of the respondent took her away on the pretext that she was to attend the marriage of her friend. But after a few days when he went to Rewari to bring her back she refused to accompany him. It was further alleged that the respondent during her stay at Rewari suffered abortion without his consent which act also amounted to mental cruelty.

(3.) The respondent contested the petition and controverted the allegations made therein. She pleaded that it was the appellant who turned her out because of insufficient dowry brought by her and her bad looks. The factum it of abortion was admitted by her but was stated to have been caused by nature. She also averred that she had no intention to desert him and was still willing to live with the husband at Gurgaon. On the pleadings of the parties, the following two issues were framed :