RAJ KISHAN Vs. SUDESH

JUDGEMENT

(1.) RAJ Kishan has filed this appeal to challenge the judgment and decree passed by the Additional District Judge, Kurukshetra on 3.5.1995 dismissing his petition under Section 13 fo the Hindu Marriage Act, 1955 (in short "the 1955 Act") for the grant of decree for divorce against the respondent.

(2.) RAJ Kishan got married with Sudesh on 8.3.1980 at Panipat. The parties lived together as husband and wife at Kirmach i.e. the village of the petitioner at Thanesar upto April, 1980. When the respondent was taken away by her father on the pretext that her mother was ill, on 9.8.1983 Raj Kishan had moved an application under Section 13 of the 1955 Act, which he got dismissed in default on 8.10.1983. Another application moved by him under the same Section was withdrawn by him on 8.1.1986. the respondent, on the other hand, had got registered an F.I.R. under Sections 405, 406 and 498-A I.P.C. on 8.1.1986 against the appellant. In this F.I.R., the parents of the appellant remained in judicial custody for few days before they were enlarged on bail by the Sessions Judge, Karnal. The appellant himself had been granted anticipatory bail by this Court. Thereafter, he filed another petition under Section 13 of the 1955 Act on 9.3.1990, which was dismissed on merits by the Additional District Judge, Kurukshetra on 22.11.1990. In this petition, divorce has been sought on the ground of cruelty and desertion. The appeal against that order was dismissed by this Court. The FIR filed against the appellant and the members of his family was ended in the acquittal of the accused. In these circumstances, Raj Kishan has moved this petition taking grounds identical to the ones taken by him in the petition for divorce, which was disposed of by the Additional District Judge, Kurukshetra on 22.11.1990. In addition to this, he has asserted that after the acquittal of the appellant and members of his family, the respondent has been threatening the appellant and his parents in the presence of his brother and Om Parkash Lambardar of villages Barwa to involve them in another case. The respondent has also been using filthy language against the appellant and the members of his family and when respondent had visited Chakrawarti Mohalla where the appellant resides she had used filthy language and abused and defamed the appellant by making false allegations. Consequently, he feels humiliated and harassed and has filed the petition for divorce. In addition to cruelty as already urged, he has asserted that the respondent had denied him cohabitation since May, 1994.

(3.) AFTER filing of replication, from the pleadings of the parties, the following issues were framed :-