NARESH KUMAR Vs. REKHA

JUDGEMENT

(1.) This appeal has been preferred by the appellant ' " husband against the judgment and decree dated 16.7.2013 passed by the trial Court, whereby the petition filed by him under section 13 of the Hindu Marriage Act, 1955 (in short, ' the Act' ) for dissolution of marriage has been dismissed.

(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 11.5.1998 as per Hindu rites and ceremonies at Village Jaurasi, Tehsil Taoru, District Mewat. After the marriage, the parties lived together as husband and wife and out of the wedlock, a son namely Gaurav and a daughter namely Gudia was born. Minor son has been residing with the appellant whereas the minor daughter has been residing with the respondent wife. According to the appellant, the behaviour of the respondent was rude towards him and his parents from the very beginning. She lived at her matrimonial home for one year after the marriage and thereafter she left the same of her own without the permission and consent of the appellant and his family in the month of September 1999. She took along gold and silver ornaments given by the parents of the appellant at the time of marriage. She was brought back to her matrimonial home after two years in the first week of October 2001 but there was no change in her behaviour. In the month of December 2001, she left her matrimonial home and at that time she was pregnant. She delivered a daughter who is in her custody. The mother of the respondent had expired. She has been living separately from her brother in a separate house without the consent of the appellant. On 30.6.2009, the appellant went to bring her back but she flatly refused to join him. Thereafter, the appellant filed a petition under Section 9 of the Act for restitution of conjugal rights but the respondent refused to live with the appellant when her statement was recorded. The said petition was dismissed on 14.12.2010. Upon notice, the respondent appeared and filed written statement controverting the averments made in the petition. The trial court after examining the entire evidence on record dismissed the petition under section 13 of the Act filed by the appellant vide judgment and decree dated 16.7.2013 impugned herein. Hence the instant appeal by the appellant husband.

(3.) We have heard learned counsel for the appellant and perused the record.