RAM MEHAR SINGH Vs. URMILA KUMARI

JUDGEMENT

(1.) RAM Mehar husband of Smt. Urmila Kumari has filed this appeal under Section 28 of the Hindu Marriage Act (hereinafter to be referred to as the 'Act') against the judgment and decree dated 9.2.1991 passed by the learned Additional District Judge (III), Rohtak, whereby his petition under Section 13 of the Act for the grant of a decree for divorce on the ground of cruelty and desertion has been dismissed with costs.

(2.) THE marriage between the parties was solemnized according to Hindu rites and ceremonies at village Sheikhpura, Tehsil and District Karnal on 2.7.1979. After the marriage the parties resided at village Khanpur Kalan, Tehsil Gohana, District Sonepat. Out of the wedlock, a daughter was born. The appellant filed a petition under Section 13 of the Act for grant of divorce on the ground of cruelty and desertion alleging that about six years earlier to the filing of the petition, the respondent on the pretext of participating in the marriage of her maternal cousin's daughter at village Bijewa, left his house leaving the daughter. She left with her maternal uncle Suraja and took away all her valuable clothes and ornaments. After about 20 days thereafter the father of the respondent reportedly made a demand of Rs. 50,000/- from the father of the appellant on the ground that he had entered into an agreement for the purchase of some agricultural land and he was short of money. The appellant's father expressed his inability to arrange the said amount, whereupon the father of the respondent got annoyed and left the house of the appellant expressing great resentment. It is further alleged that after about 2-1/2 months on coming to know that the respondent had reached her parental house went there to bring her. However, the parents of the respondent declined to send her as his father had not given financial help for purchasing the land. The respondent also showed her resentment. Efforts were made by the appellant, his father and other relatives and respectable which included Pandit Ganga Ram, Kehri Singh, Ujala and others, who all went to the house of the respondent to bring her back to the house of the appellant. However, the same proved futile. The appellant wanted to bring back the respondent after a week but he was given beating by the respondent and her uncles Maha Singh and Daya Singh and her brothers Jagbir Singh and Balwan Singh. The appellant sent a registered notice to the respondent on 15.7.1986 after the said incident. This enraged the family members of the respondent and they made several attempts to do away with the life of the appellant and for this purpose they made secret visits at odd hours to the village. However, the appellant was saved through providential grace and thus constrained to make complaints to the police apprehending great danger to his life. The matter came to such a stage that the respondent and her parents are in no way prepared to reconcile and thus the relations between the parties have totally broken down. In these circumstances, it has become well-nigh impossible for resumption of matrimonial relations between them. The appellant had earlier filed a petition for divorce but the same was dismissed in default. The respondent filed a petition under Section 125 Cr.P.C. where maintenance allowance for the respondent was granted by the Court in District Karnal. All these facts were indicative of a situation of complete breakdown and estrangement of relations between the parties.

(3.) ON the pleadings of the parties, the following issues were framed by the learned Court :-