PRAVEEN KUMAR Vs. NIRMALA

JUDGEMENT

(1.) The unsuccessful husband who lost his plea for divorce under Section 13 of the Hindu Marriage Act, 1955 has come up in appeal.

(2.) It is the contention of the appellant that his marriage with respondent took place on 17.6.1994 at Panipat as per Hindu rites and customs. The respondent gave birth to a male child by name Shubham on 27.9.1995 and a female child by name Shaila. Both the children were living with the appellant. The respondent was a quarrelsome lady. She had made the life of the appellant a hell. She pressurized the appellant to separate from his parents. She used to misbehave and abuse his parents. The appellant had to shift from one rented accommodation to another on account of the quarrelsome nature of the respondent and her attitude to pick-up quarrel with the neighbours. The growth of the children has been stunted on account of the quarrel picked-up by the respondent with the appellant. Due to constant fighting, he lost his mental balance. He had also to loose his business of jaggery. His 15 years old son Shubham is mentally disturbed.

(3.) The respondent-wife filed her written statement stating that the appellant was guilty of cruelty committed towards the respondent. The respondent tolerated the behaviour of the appellant for 15 long years. She never pressurized the respondent to set up a separate establishment. The appellant was a quarrelsome person and he used to beat her. He was not taking interest in family affairs. As the appellant kept on harassing her, she filed a complaint whereupon the police charged him under Section 107/151 Cr.P.C. It is denied that she refused to have sex with the appellant. Infact, the appellant and the respondent were residing in the same house in one room and sleep on the same bed. She always prepared food and washed clothes. The respondent sought for dismissal of the petition.