MAHESH KUMAR Vs. SUNITA RANI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 01.08.2007 vide which the petition under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") for dissolution of marriage of appellant-husband Shri Mahesh Kumar with respondent-wife Smt. Sunita Rani, was accepted with costs.

(2.) The marriage between appellant Mahesh Kumar (hereinafter to be referred as "the appellant") and respondent Sunita Rani (hereinafter to be referred as the "respondent") was solemnized on 28.11.2004 at Raman Mandi according to Hindu rites and ceremonies. After the marriage, they cohabited as husband and wife but no issue was born out of the wedlock.

(3.) The appellant-husband contested the petition. He filed written reply raising legal preliminary objection with regard to cause of action etc. Replying on merits, he alleged that the respondent-wife had relations with one Prem Kumar. When he objected to the same, she started picking up quarrel with him on trivial matters and refused to perform the household chores. Being under the thumb of Prem Kumar, she left the matrimonial home on her own alongwith Jugal Singh and Pappu, in his absence in August, 2005. While leaving, she took away all jewellery and other valuable articles with her. He filed an application before S.S.P., Bhatinda on 20.05.2006 alleging that he was still ready and willing to keep the respondent-wife with him and had filed a petition under Section 9 of the Act of 1955 for restitution of conjugal rights, but it is the respondent-wife who had deserted him. Denying all allegations of the respondent-wife, he prayed for dismissal of the petition.