S.K. GARG Vs. CHANCHAL KUMARI

JUDGEMENT

(1.) THIS appeal has been filed by the husband against the judgment and decree dated 6.4.1990 passed by the Additional District Judge, Chandigarh, whereby the divorce petition filed by him against the respondent-wife was dismissed.

(2.) THE facts in brief are that the appellant-husband had filed a petition under Section 13 of the Hindu Marriage Act against the respondent-wife seeking the dissolution of marriage by a decree of divorce. It was alleged in the petition that the marriage between the parties was solemnised on 5.8.1983. It was alleged that at the time of the marriage, the appellant-husband was a divorcee, whereas the respondent-wife was a widow and that it was an inter- caste marriage. It was alleged that the parties lived in house No. 3337, Sector 40-D, Chandigarh upto 1985 and out of the said wedlock, one daughter was born on 29.8.1994 and a son was born on 21.10.1986. It was alleged that the respondent-wife had two daughters, namely, Rinku and Neetu from her first husband and according to the appellant, they had not been adopted by him although they were living with their mother in the house of the appellant. It was alleged that after the marriage, the respondent-wife showed signs of mental disorder and she would lose temper and would start beating the children without any reason and even otherwise, her behaviour was abnormal and she used to use filthy language and used to abuse her younger daughters and whenever the appellant would intervene, she would abuse him also. It was alleged that she would not submit herself for sexual intercourse at the time when he wanted but would forcibly do so at the other times. It was alleged that often he had to leave for his office without breakfast because she would not prepare it and she would not attend to him whenever he returned from his office. It was alleged that during their stay in Sector 40, on one occasion, he intervened when she was beating her daughters, upon which he was abused and to save himself, he went out of the house but she along with her daughters followed him and threw stones at him and in that process she fell down and broke her arm, whereupon, she went to General Hospital, Chandigarh and was operated upon on 8.11.1985 and in the hospital, she had made the statement that she had suffered fracture while performing the domestic work. It was alleged that the respondent had treated him with mental cruelty and his life had become miserable and he had lost his peace of mind because the respondent-wife had no sense of duty towards him and was suffering from mental disorder and was incurable of unsound mind and had refused to take medical treatment and was suffering from psychopathic disorder and was threatening to commit suicide and to blame him.

(3.) ON the pleadings of the parties, issue No. 1 was framed as to whether the petitioner was entitled to a decree of divorce on the grounds mentioned in the petition. Both the parties led evidence. After hearing both sides and perusing the record, the learned Additional District Judge, decided issue No. 1 against the appellant, holding that the appellant had failed to prove that the respondent had treated him with cruelty or that he was entitled to dissolution of marriage by a decree of divorce on this ground resultantly the petition was dismissed. Aggrieved against the same, the husband filed the present appeal in this Court.