RAKESH Vs. USHA

JUDGEMENT

(1.) The appellant-husband has challenged the dismissal of his petition filed under Section 13 of the Hindu Marriage Act,1955 for dissolution of marriage by a decree of divorce on the ground of cruelty.

(2.) The appellant has founded his petition for divorce on the allegation that the behaviour of his wife towards him and his family members ever since the date of marriage that took place on 21.4.2008 was cruel. A female child born out of the wedlock on 1.4.2010 unfortunately passed away. The respondent did not give respect to the appellant or his parents. She refused to cook food, wash clothes and prepare tea. She often used to abuse him openly in the presence of his family members. She insisted to live separately. She raised a demand to purchase a separate house in Panipat city so that they might live separately from his parents. She even threatened to get him and his parents implicated in false criminal cases. On 20.4.2010, Dilbagh Singh, the father of the respondent came alongwith one Ram Niwas of village Ugra Kheri and beat the appellant and forced him to leave his house. The appellant has been living at Panipat in a room on rent. On 25.7.2010, the father of respondent, Dilbag Singh and the said Ram Niwas and his sons again visited the house of the appellant at village Badoli and beat his mother and sisters. They also compelled his mother and sisters to leave their ancestral house. Now they are also living at Panipat in a rented room since then. On 9.10.2010, the father of the respondent, the aforesaid Ram Niwas and his sons again visited the ancestral house of the appellant and beat his father mercilessly. The father of the appellant got admitted in Civil Hospital, Panipat. With the above allegations, the appellant has sought for divorce.

(3.) The respondent filed written statement stoutly denying the allegation that she refused to cook food or wash clothes. She never abused the petitioner and his family members. Her father Dilbag Singh, Ram Niwas and his sons never visited the matrimonial home and beat the appellant, his parents and sisters. They themselves left the house on their own just to make it a false ground for getting the decree of divorce. She never picked up a quarrel with the appellant or his family members. The appellant has come out with false and frivolous grounds for divorce. Therefore, the respondent has prayed that the petition filed by the appellant may be dismissed.