OM PATI Vs. RAJBIR

JUDGEMENT

(1.) The present appeal has been filed by Shrimati Om Pati-appellant challenging the judgment dated December 23, 2000 passed by the learned Additional District Judge, Hisar whereby the marriage between the parties, namely, the present appellanl-Om Pati and respondent-Rajbir has been ordered to be dissolved by a decree of divorce.

(2.) A petition under Section 13 of the Hindu Marriage Act had been filed by respondent-Rajbir for dissolution of their marriage. It was stated in the petition that parties were married on May 12, 1987 and the Muklawa ceremony was performed after one year of the marriage. The parties cohabited and lived together and out of the wed-lock, a daughter, namely. Sonia was born. The husband claimed that the wife was an arrogant lady and had short temperaments and right from the inception of the marriage, she started hating the husband. She refused to perform the house hold cores and used to picked up quarrel on petty matters and insulted the husband in the presence of his relative and friends. She even used to hurl filthy abuses upon the husband. The husband claimed that she used to go to the extent of levelling false and frivolous allegations against the husband.

(3.) On December 20, 1995 she went to the house of one Randhir and levelled false allegations against the husband of having illicit relations with Sudesh daughter of Randhir. The aforesaid Randhir convened a Baradari Panchayat and in the presence of the Panchayat, the husband had tendered apology for the false allegation made by the appellant wife. The husband also claimed that the wife had alleged that he was having illicit relation with his brothers wife. Ultimately, the wife left the matrimonial home 2- years ago and since then she was residing separately. The husband claimed that she had initiated proceedings under Section 107/151 of the Code of Criminal Procedure but he was discharged by the Sub Divisional Magistrate, Hansi.