PARTAP SINGH Vs. PARKASH KAUR

JUDGEMENT

(1.) THIS Appeal has been filed by the husband against the judgment of the learned trial Court, dismissing the divorce petition, filed by him against the respondent-wife.

(2.) THE facts, relevant for the decision of the present Appeal, are that Partap Singh, husband, filed a petition under Section 13 of the Hindu Marriage Act against the respondent-wife, alleging therein that the marriage between the parties had taken place on 30.9.1976 and that after the marriage, Gauna ceremony was performed in September/October 1979 and thereafter, the parties lived together and co-habited each other, but no child was born. It was alleged that the respondent-wife lived with him for about 3-4 months in village Khuiyan Malkana, after Gauna ceremony, but she was not prepared to live in the joint family house and often picked up quarrels and mis-behaved with the appellant and his other family members. It was alleged that thereafter, she left the matrimonial home and started living with her parents. It was alleged that in 1981, the petitioner was posted in Public Health Department, at Faridabad, where he brought the respondent-wife with him to his house, on the assurance that she would behave properly and would not give any cause for complaint to him. It was alleged that she behaved properly for about two months, but thereafter, she again started mis-behaving and started using insulting language and also started neglecting him and did not permit him to have sexual intercourse with her. She did not even prepare food for him many a times and when the petitioner invited some of his friends at a dinner, the respondent refused to cook food and picked up quarrel with him, in the presence of his friends. It was alleged that as a result thereof, the petitioner became mentally sick and depressed and his health also started deteriorating. It was alleged that in July 1981, the respondent left the matrimonial home and went to her parents' house and since then, she did not join him, inspite of various efforts. With these allegations, the petitioner filed the divorce petition on 24.5.1990 against his wife, on the ground of cruelty and desertion.

(3.) AFTER hearing counsel for both the sides and perusing the record, the learned trial Court dismissed the divorce petition, holding that the petitioner-husband had failed to prove the allegations of cruelty and desertion against the respondent-wife. Aggrieved against the same, the petitioner-husband filed the present Appeal in this Court.