SUSHIL KUMAR Vs. SMT. PUSHPA RANI

JUDGEMENT

(1.) This is husband's first appeal against judgment and decree dated 1.9.2008 passed by the Court of learned Additional District Judge, Hisar (hereinafter referred to as trial Court) dismissing Petition No.14 - HMA of 2006 brought by the appellant under Section 13 of the Hindu Marriage Act, 1955 as amended by Marriage laws (Amendment) Act 1976 (hereinafter referred to as the Act).

(2.) Petitioner had approached the trial Court on the averments that he was married to the respondent on 4.12.1980 as per Hindu rites and ceremonies; after marriage, parties to the marriage lived and cohabited together as husband and wife at Hisar; out of the wedlock a son (named Rajat) was born on 3.9.1981; the respondent is a quarrelsome and hot headed lady and would pick quarrels with him on trivialities; she would complain of lack of luxuries and compelled the petitioner to live separately from his parents but petitioner could not accede to her this demand; respondent withdrew from petitioner's society in March, 1983; efforts put in by the petitioner to bring the respondent back to the matrimonial fold proved futile; however, pursuant to the convening of a Panchayat, the respondent agreed to and started living with the petitioner but on February 7, 1984 was taken away by her brother on the pretext of marriage of her brother; the respondent then refused to return to the matrimonial home and filed a petition under Section 125 of Code of Criminal Procedure against the petitioner; with the intervention of the Court, respondent was sent to the matrimonial home where she lived with the petitioner for about a month but not without creating scenes in the house and even slapped petitioner's mother; she not only deserted the petitioner with an intention not to return to the matrimonial fold but also treated the petitioner shabily and levelled wild allegations against his character and morality including allegations of illicit relations of the petitioner with a colleague; petitioner filed a petition under Section 13 of the Act which was dismissed on 25.11.1988; he then filed another petition under Section 13 of the Act in the year 1990 but it was also dismissed on 4.12.1992; even an appeal filed by him was also dismissed on 11.7.2001; after dismissal of the appeal, he convened Panchayats in May, 2002 and November, 2002 but respondent refused to return to the matrimonial fold without any reasonable cause; and that marriage between the parties had broken down irretrievably as there were no chances of the re-union.

(3.) The respondent contested the petition by filing a written reply wherein she pleaded preliminary objections, inter alia, to dispute maintainability of the petition, cause of action, locus standi of the petitioner and while denying all the allegations constituting the petition, she stated that she was forced to file a petition under Section 125 of the Code of Criminal Procedure as the appellant neglected her and refused to maintain her and her minor son; she joined company of the petitioner in October, 1987 but was given beatings and was kicked out of the matrimonial home and that she was still ready to return to the matrimonial fold, if the appellant kept her properly.