PALWINDER Vs. SAROJ

JUDGEMENT

(1.) PALWINDER , the husband, has filed the instant appeal against the judgment and decree dated 24.7.1999 passed by learned Addition District Judge, Amritsar, vide which the petition filed by him against his wife Saroj under Section 13 of the Hindu Marriage Act, 1955, for dissolution of the marriage by a decree of divorce on the grounds of cruelty and desertion has been dismissed.

(2.) THE marriage between the parties was solemnized on 26.6.1991. Out of this wed-lock, two children were born, who are now 11 years and 9 years old. In the year 1996, the appellant filed divorce petition against the respondent on the ground of cruelty and desertion. It was alleged that from the very beginning the behaviour and conduct of the respondent was harsh and cruel. She was pressurising the appellant to live separately from the joint family and used to quarrel with him and his family members of flimsy matters. She did not cook the meals and did not wash the clothes of the appellant. She was under the influence of her mother and used to spend maximum time with her. It was further alleged that in October, 1995, the respondent took the minor daughter and other valuable ornaments and clothes with her and left the matrimonial house without informing the appellant. Since then, she is living separately and has deserted the appellant without any sufficient cause. It was further alleged that the respondent had also filed a false criminal complaint against the appellant, his parents, brothers, sister and brother-in-law under Sections 406/498-A IPC, in which the appellant and his family members were summoned. It was alleged that the aforesaid conduct and behaviour of the respondent caused mental and physical cruelty to the appellant.

(3.) AFTER considering the evidence led by both the parties, the learned trial court dismissed the aforesaid petition while holding that the appellant had failed to prove on record the alleged cruelty. It was also held that the appellant has failed to prove on record his desertion at the hands of his wife as she was residing separately from him for sufficient cause.