VIJAY KUMAR DUGGAL Vs. KAMLESH KUMARI

JUDGEMENT

(1.) THIS order shall dispose of the main appeal filed by the husband and the cross-objections filed by the respondent-wife against the judgement and decree dated 21.9.1995 passed by the Additional District Judge, Jagadhri.

(2.) THE facts, in brief, are that the appellant-husband filed a petition under section 13 of the Hindu Marriage Act, 1955 (for short, the Act) seeking dissolution of marriage by a decree of divorce against the respondent-wife, alleging therein that the marriage between the parties was solemnized on 3.2.1987 and after marriage, the parties lived together as husband and wife and a male child, who was now aged 5 years, was born out of their wedlock. It was alleged that even though the husband treated the respondent-wife nicely, yet the respondent refused to live with him at the behest of her parents and started pressurising him to separate from his joint family and finding no alternative, he took a house on rent near the house of her parents and that the respondent spent all her time in her parents house ignoring the petitioner even though he had come on leave to live in the house only for few days. It was alleged that on 14.12.1989, she put lock on the rented house and took away all the ornaments and cash etc. with her. It was alleged that the respondent started levelling false allegations against the petitioner and refused to come and live with him inspite of his best efforts. It was alleged that in this manner, the respondent had treated the petitioner with mental and physical cruelty and had withdrawn from his society arid deserted him since 14.12.1989. The said petition was dated 13.3.1993. The respondent-wife contested the said petition by filing the written statement controverting the allegations made by the petitioner and alleging there in that in fact, the petitioner-husband had illicit relations with his own Bhabhi, Smt. Vijay Kumari. It was alleged that the separate room was taken by the petitioner only to have illicit relations with his Bhabhi. It was alleged that on 13.12.1989, the petitioner, and his Bhabhi, Smt. Vijay Kumari gave poison to the minor son Munish, who was immediately taken to the hospital and with great difficulty, his life was saved. It was alleged that in fact, it was the petitioner-husband, who had deserted the respondent. Allegations of ill treatment on account of demand of dowry were also levelled.

(3.) DURING the pendency of the main petition, the respondent-wife filed an application under section 27 of the Act, seeking disposal of the property jointly owned by the parties, giving the list of various articles. The petitioner-husband filed reply to the said application. From the pleadings of the parties, various issues on the said application were also framed.