RAJINDER PARSHAD Vs. CHANDER PRABHA

JUDGEMENT

(1.) THIS appeal relates to a matrimonial dispute between the parties.

(2.) RAJINDER Parshad appellant filed a petition under Section 13 of the Hindu Marriage Act (for short the Act) for a decree of divorce on the ground of cruelty and desertion. Marriage between the parties took place on December 11, 1980 according to Hindu rites. Respondent gave birth to a female child on November 7, 1981. Allegation of the appellant for seeking divorce is that the respondent had been cruel to him and ultimately deserted him. The allegation of the appellant is that the respondent had been cruel to him, his mother unmarried sisters and his younger brother. Few instances of cruelty as alleged are that the respondent used to visit her relations without the knowledge of the petitioner and ultimately gave on birth to a female child at her sister's house The respondent had been humiliating the appellant in the presence of his friends and relations by not obeying his instructions and refusing to prepare even a cup of tea. The further allegation of cruelty is that she lodged a false complaint against the appellant in Police Station Fatehgarh Sahib and had been compelling him to live separately from his mother, brother and sister and ultimately, left the society of the appellant on May 23, 1982 in his absence by taking away all the jewellery with her. She thereafter never returned to the matrimonial home and thus, deserted the appellant for a period of over two years before the filing of petition for divorce.

(3.) PETITION was contested by the respondent by filing a written statement. The allegations as made by the appellant were denied. She rather stated that she behaviour of the appellant, his mother, sisters and brother was not tolerable and they were cruel towards her. Besides denying the allegations, she stated that the delivered a female child at the house of her sister with the consent of the appellant. Filing of the complaint was admitted, but it was asserted that the complaint made by her against the appellant was based on true facts. The appellant on his family members gave her beatings and she got herself medically examined at the instance of the police. In the end she pleaded that she was turned out of the house by the appellant on May 21, 1982 after beating her.