REVAL KUMAR Vs. AMARJEET ALIAS BRIJ BALA

JUDGEMENT

(1.) THIS appeal has been relied against the judgment passed by the learned Additional District Judge, dismissing the Divorce petition filed by the appellant-husband against the respondent-wife.

(2.) THE facts in brief are that Rewal Kumar appellant filed a petition under Section 13 of the Hindu Marriage Act against the respondent-wife, for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion. It was alleged that the marriage between the parties was solemnised at Panipat and that after the marriage, the parties lived together as husband and wife and out of this wedlock, two sons were born. It was alleged that behaviour of the respondent-wife towards the appellant and his family members had been arrogant and uncivilised from the very beginning and due to this behaviour of the respondent, the appellant could not live in a peaceful manner. Even the parents of the respondent were critical towards the appellant and they did not allow the respondent to live like a Hindu wife with the appellant. It was alleged that on 19.7.1992, the respondent-wife deserted the company of the appellant without reasonable cause, whereupon the appellant filed a petition under Section 9 of the Hindu Marriage Act and later on the said petition was withdrawn as the parties agreed to live together as husband and wife. It was alleged that the respondent, however, did not comply with the agreement and after waiting for quite long, the appellant filed a petition under Section 13 of the Hindu Marriage Act with the sole object to compel the respondent to return to the matrimonial home. It was alleged that the said petition was dismissed on 21.11.1996. It was alleged that a complaint under Sections 406, 498-A I.P.C. and a petition under Section 125 Cr.P.C. were pending between the parties. It was alleged that on 23.7.1997, a Mahila Lok Adalat was convened and on the persuasion of the Mahila Lok Adalat, the respondent had agreed to live with the appellant at his house and the respondent was directly sent to the appellant's house from the court. It was alleged that after some days, again the behaviour or the respondent became the same and she made the life of the appellant miserable. It was alleged that on 13.1.1999, on the day of Lohri festival, the respondent at the investigation of her parents, started quarrelling with the appellant and insisted that she would celebrate the festival at the house of her parents and when the appellant tried to convince her, she threatened to kill herself and under that pressure, the appellant allowed her to go. It was alleged that since then, the respondent was residing with her parents. It was alleged that various efforts made by the appellant to re-concile the matter proved futile. It was alleged that the respondent had been threatening to involve the appellant in some false case. It was further alleged that all the jewellery articles were given to the parents of the respondent and that since the 13.1.1999, the respondent had deserted the appellant.

(3.) AFTER hearing both the sides and after perusing the records, the learned trial Court found that the appellant-husband had failed to prove the allegation of cruelty as a ground for divorce. Resultantly, the Divorce Petition was dismissed. Aggrieved against the same, the appellant-husband filed the present appeal in this Court.