SURESH KUMAR Vs. SUNITA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment and decree passed by the learned Additional District Judge, dismissing the divorce petition filed by him against the respondent-wife under Section 13 of the Hindu Marriage Act.

(2.) SURESH Kumar, appellant had filed a petition under Section 13 of the Hindu Marriage Act, against the respondent-wife, seeking dissolution of marriage by a decree of divorce, alleging therein that on 25.2.1994, the marriage between the parties was solemnised and that out of the said wedlock no child was born. It was alleged that after some months of the marriage, the respondent-wife had started misbehaving with the petitioner on the lame excuses and without any rhyme and reason, and had started disturbing the life of the petitioner/appellant and his family members. It was alleged that the respondent used to leave the house in the absence of the petitioner and without his consent and he used to bring her back from her parental house. It was alleged that ultimately on 1.11.1996, without the notice and consent of the petitioner, the respondent left the matrimonial home along with jewellery and cash amounting to Rs. 20,000/- and since then she is residing in her parental home. It was alleged that on 2.11.1996, the petitioner along with others had gone to her parents house and had also convened a Panchayat, but the respondent, her parents and other family members misbehaved with them and the respondent refused to accompany the petitioner and also refused to return the cash amount and jewellery etc. It was alleged that thereafter, on 20.11.1996, again the petitioner along with others had gone to the parents house of the respondent for sending the respondent to the matrimonial home and to return the amount of Rs. 20,000/- and jewellery to the petitioner, but to no avail. It was alleged that on 27.11.1996, the petitioner tried to lodge report, vide DDR No. 2 dated 27.11.1996, in City Police Post Patodi Chowk, against the respondents. It was alleged that again efforts were made on 16.1.1998 and lastly on 19.9.1998 by going to the parents house of the respondent for sending the respondent with them and to return the cash and jewellery, but to no avail.

(3.) AFTER recording the evidence and after hearing both sides, the learned Additional District Judge, dismissed the divorce petition filed by the husband, holding that the petitioner-husband, had failed to prove that the respondent had treated the petitioner with cruelty or had deserted him for a continuous period of more than 2 years immediately preceding the filing of the petition. Accordingly, the divorce petition was dismissed on 31.7.2000. Aggrieved against the same, the petitioner filed the present appeal in this Court.