VIRENDER SINGH @BIRENDER SINGH Vs. SURESH

JUDGEMENT

(1.) THIS appeal has been filed by the husband against the judgment of the learned Additional District Judge whereby the divorce petition filed by the appellant-husband was dismissed by the learned trial Court.

(2.) THE facts in brief are that the appellant-husband filed a petition under Section 13 of the Hindu Marriage Act against the respondent-wife, seeking dissolution of marriage by a decree of divorce on the ground of cruelty and desertion. It was alleged in the petition that the marriage between the parties had been solemnised on 12.5.1987 and that at the time of marriage, the appellant-husband was unemployed and later on he got employment in the Maruti Udyog Ltd., Gurgaon. it was alleged that after some months of marriage, the respondent-wife started spoiling the peaceful atmosphere of the matrimonial home, as she used to pick up quarrels with the appellant and other members of his family. It was alleged that she used to give filthy abuses to them and used to leave the matrimonial home at her own sweet will without the consent/permission of the appellant and used to live with her parents for long span of time. It was further alleged that she was a lady or ill-tamper and of quarrelsome nature besides being rude and obstinate. It was alleged that on 16.9.1992, the respondent-wife left the matrimonial home taking with her the clothes and Jewellery with the intention not to return. It was alleged that on 25.12.1992, the appellant had gone to her parents house to persuade the respondent to accompany him to the matrimonial home, but she refused. It was further alleged that in this manner, since 16.9.1992, the respondent-wife was living separately from the appellant without sufficient cause or excuse. It was further alleged that subsequent to 16.9.1992, there were various occasions which required the presence of the respondent in the matrimonial home, but she did not turn up. It was alleged that the respondent filed a petition under Section 125 Cr.P.C. on 16.4.1994 and a complaint under Section 106 I.P.C. was also filed which was sent to the police under Section 156(3) Cr.P.C. for investigation and report. It was alleged that the dowry articles were returned to the respondent on 6.5.1994 by the appellant in the presence of the panchayat. It was alleged that the respondent had caused cruelty and desertion and as such a decree for divorce be granted in his favour.

(3.) AFTER hearing both the sides and after perusing the records, the learned trial Court dismissed the divorce petition, holding that the petitioner had failed to prove the allegations of cruelty and desertion. Aggrieved against the same, the husband has relied the present appeal in this Court.