LAWS(P&H)-1993-1-11

INDER SAIN Vs. SAROJ BALA

Decided On January 27, 1993
INDER SAIN Appellant
V/S
SAROJ BALA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Additional District Judge, Sonepat, dated 4-5-1990 vide which he had dismissed the petition filed by the present appellant under Section 13 of the Hindu Marriage Act.

(2.) IN the divorce petition, the petitioner sought divorce on the ground of desertion and cruelty. The case of the petitioner as set up in the petition is that his wife had stayed with him for a few days after the marriage and she used to pay visit to her parental house very often for longer duration. Her behaviour was uncalled for. The respondent had married her daughter against his wishes. The allegations were denied by the respondent and had taken the plea that the petitioner-husband was alcoholic and used to treat the respondent with cruelty.

(3.) ON the basis of the pleadings of the parties, the Trial Court framed the following issues :-1. Whether the petitioner is entitled to a decree of divorce on the grounds mentioned in the petition ? OPP. 2. Relief. The Trial Court decided the issue against the petitioner and dismissed the petition. The challenge to the judgment is that the Court below had not appreciated the evidence on record.