DHARAM SINGH Vs. OM PATTI

JUDGEMENT

(1.) This appeal has been filed by the petitioner husband challenging the judgment and decree dated 9.5.1990 passed by the learned Addl. Distt. Judge dismissing his petition for dissolution of marriage by way of decree of divorce filed by him against the respondent wife.

(2.) On 18.5.1989, Dharam Singh, appellant had filed a petition under Section 13 of Hindu Marriage Act, against respondent Wife Smt. Om Patti, seeking dissolution of marriage by way of decree of divorce. In the said petition it was alleged by him that the marriage between the parties was solemnised on 15.6.1970 and that the parties lived together as husband and wife but no child was born out of the said wedlock and that the respondent wife had treated the petitioner husband with cruelty since the date of marriage and had deserted him for a continuous period of not less than two years, preceding the filing of the petition. It was alleged that the respondent wife was a lady with hot temperament and was not able to adjust herself with the joint family and pressurised the petitioner from the very beginning to separate from the joint family, to which the petitioner did not agree, whereupon she started quarrelling with the petitioner and his family members and made his life miserable and started going to her parents house without his knowledge or permission. It was alleged that in 1975 the petitioner alongwith respondent shifted to Hisar (from village Sisai), but she continued treating the petitioner with cruelty. It was alleged that she would not prepare tea/meals for the guests and used to misbehave with the mother of the petitioner (who was residing with them). It was alleged that on 10.10.1985, the respondent finally left the house of the petitioner with all her jewellery and clothes etc., after quarreling with the mother of the petitioner and since then she was residing at the house of her parents and had not returned to the matrimonial home inspite of various efforts made by the petitioner in this regard.

(3.) In the written statement, the respondent wife admitted that the marriage took place on 15.6.1970 and that no issue was born out of the wedlock. She, however, denied the allegations of cruelty against her. It was alleged that since she was not able to give birth to a child, the petitioner started misbehaving with her and started beating the respondent on false excuses and used to taunt her for not being able to produce a child. It was denied that she had ever gone to the house of her parents without the consent or permission of the petitioner. It was denied that she had ever misbehaved with the guest or family members of the petitioner or had left the matrimonial home on 10.10.1985, after quarreling with the mother of the petitioner. It was alleged that in fact, near about 10.10.1985, she had gone to her parents house on the birth of her nephew with her brother who had come to take her and the petitioner had promised to join her at her parents house but he did not turn up and that the respondent had gone to the petitioner's house of her own, but he turned her out after giving her beating saying that he would marry some other lady and the matter had already been settled and there was no room for her in his house. It was alleged that it was under those circumstances that the respondent had gone to her parents house. It was alleged that the respondent was always ready to live with the petitioner without any pre-condition but the petitioner did not allow her to live in the matrimonial home. It was alleged that in fact, various efforts from her side were made so that the petitioner may rehabilitate her but of no avail. It was alleged that subsequently, respondent came to know that the petitioner had contracted second marriage on 17.10.1985 with one Smt. Sudha Rani.