RAM KUMAR @ RAMENDER KUMAR Vs. RAKSHA @ GALABO

JUDGEMENT

(1.) Ram Kumar alias Ramender Kumar, appellant, who is the husband of Smt. Raksha alias Galabo, respondent, has filed the instant appeal against the judgment and decree dated 21.10.1999 passed by Additional District Judge, Kurukshetra vide which his petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') on the grounds of cruelty, desertion, adultery and unsound mind of the respondent, has been dismissed.

(2.) The marriage between the parties was solemnized according to Hindu rites and ceremonies at Village Isherheri, District Kurukshetra on 09.05.1983. Both the parties resided together as husband and wife and cohabited with each other in Village Manka, District Ambala. From this wed-lock, a female child was born, who is at present 11 years old. After 13 years of the marriage, the husband filed the divorce petition in the year 1996 alleging therein that the" respondent-wife is a quarrel some lady and she quarrels with the appellant and his family members over trivial. She did not take bath and used to wear dirty clothes. Whenever she was asked to do the needful, she used to call bad names to the appellant and his family members. Whenever any relative visits the house of the appellant, the respondent refused to serve them with tea or meals. It was further alleged that the respondent has left the matrimonial home of the appellant without any reasonable excuse and she deliberately deserted the appellant. It was also alleged that the respondent is mentally retarded and is of unsound mind lady. It has also been pleaded that the elder brother of the respondent is also mentally retarded and is of unsound mind. Similarly, the female child, who was born to this wedlock, is mentally retailed. It was also pleaded that the respondent has illicit relations with some other person, whose name has not been disclosed in the petition nor he was impleaded as a party.

(3.) The respondent contested the aforesaid divorce petition by denying all the allegations levelled in the petition. It was pleaded by her that she is a simpleton rustic lady and the appellant is bent upon to get rid of her by hook or crook. It was further pleaded by her that the appellant gave her such medicines which effected her mind and she was taken by her father-in-law to Delhi, where he committed rape on her in a hotel. It was also pleaded that father of the appellant is having an evil eye on the respondent and in these circumstances; it is not possible for her to remain in the house of the appellant, who always treated her with cruelty.