RAMESH CHAND Vs. SALOCHNA DEVI

JUDGEMENT

(1.) The present appeal has been filed against the judgment and decree dated 6.6.1994 passed by Additional District Judge, Kurukshetra, whereby the petition filed by the present appellant, seeking divorce, was dismissed.

(2.) The marriage between the parties was solemnised on 29.5.1983 at Village Pundri according to Hindu rites and ceremonies and the same was consummated. Three children were born to the parties. The respondent treated the petitioner with cruelty since the beginning. She was arrogant and was disrespectful towards the petitioner and his family members which resulted in mental cruelty due to which health of the petitioner was affected. He made efforts to make the respondent understand that her behaviour was not right but to no avail. She left the matrimonial home along with all the children on 16.9.1991 and also took jewellery and Rs.10,000 in cash with her. She left in the absence of the petitioner who was shocked when hereturned home from work. He contacted the respondent but she refused to come back to him.

(3.) The petition was contested by the respondent wife on the ground that the petitioner was estopped by his own act and conduct from filing the petition and he had suppressed the true facts. The marriage and birth of the children was admitted. It was, however, denied that any cruelty was meted out by the respondent to the petitioner (now appellant). Rather the latter was a greedy person and demanded money even after marriage. The respondent showed her helplessness to bring money from her parents for purchase of car on which she was turned out of the matrimonial home along with the children in 1991 and since then she was residing in the house of her parents. All the panchayats convened for reconciliation proved fruitless. The respondent was willing to live with her husband and she wanted the petition to be dismissed.