RINKU Vs. PARVEEN GILL

JUDGEMENT

(1.) This appeal has been preferred by husband-Rinku against the decree of divorce passed in favour of respondent-wife.

(2.) The marriage between the parties took place on 06.05.2011. Wife filed divorce petition on the ground of cruelty alleging, inter alia, that the behaviour of the husband was insulting and humiliating. He has been teasing the wife and quarreling with her on petty matters. He also used to abuse her in filthy language. He was habitual of drinking and taking other intoxicants. He used to physically assault the wife under the influence of intoxicants. Though, in the marriage, huge dowry was given, yet the atrocities were committed upon the wife by the husband on account of nonfulfillment of demand of dowry. He had not been giving any amount to the wife for her day-to-day expenses. She was turned out of her matrimonial home. However, with the intervention of the respectables, she was rehabilitated. Parties lived separately in a rented accommodation but his behaviour was not changed. Husband even threatened the wife to part with the money and in case of failure, he would commit suicide. Alleging that it has become difficult for the wife to cohabit with him as she apprehended danger to her life at his hands, therefore, the present petition for divorce was instituted.

(3.) Husband admitted the factum of marriage. However, all the other allegations of cruelty levelled by the wife were specifically denied. It was averred that Shinda Masih, his brother was known to the wife before her marriage. An assurance was obtained from the husband by Shinda Masih that after the marriage he would live in his house. It was also averred that wife has illicit relations with Shinda Masih which caused great mental tension to the husband. In order to save his married life, he did not want to live in the house of Shinda Masih but wife remained in his house as she never wanted to leave the company of Shinda Masih. Inspite of giving full love and affection to the wife by him and his family members, wife used to find fault with the husband and misbehaved, maltreated and abused him. She has even withdrawn from the society of the husband without any reasonable cause and excuse. With these pleas, dismissal of petition was prayed.