PARSHOTAM SINGH MANHAS Vs. RAJNI

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree dated 6.8.2010 passed by the Court of Shri Kuldeep Singh Cheema, Additional District Judge, Fast Track Court, Gurdaspur.

(2.) MARRIAGE between the parties was solemnized on 28.10.1999 as per Hindu rite and customs. It was a late marriage for both the parties as the appellant -husband was about 46 years of age, whereas the wife was about 36 years old. There is no child born out of this marriage. The appellant -husband had sought divorce on the ground of cruelty and desertion. It was claimed that wife used to address him as "old" and "dying man" with artificial teeth and thus, used to humiliate and tease him. She used to pick up quarrels on one pretext or the other, was ill -mouthed and maltreated him and his family members. She had also been refusing performance of matrimonial duties and had been abstaining from the kitchen. She had also been moving out of the matrimonial home at her own will and when used to be questioned, used to rebuke and humiliate the husband clearly and boldly, asserting, that she was not interested in staying with the 'old man'. The wife had left the matrimonial home on her own accord and had filed a complaint under Sections 406 and 498 -A IPC impleading the husband and his parents (though they have been acquitted in the said criminal case).

(3.) REGARDING the ground of desertion, it was pleaded that on the pretext of attending the marriage of her brother, the respondent had left the matrimonial home on 10.11.1999 and thereafter she had never come back. When the appellant -husband went to bring her back, she refused to return. She had further put a condition that she could join the husband if he was to shift from Delhi (where he was employed in a hotel) to Dhariwal. When the husband consented, she refused claiming that she was mentally not prepared to accept him as her husband. Efforts to settle the matter bore no result. When the wife refused point -blank to join the matrimonial home and started asking for a divorce, the petitioner went back to Delhi.