HARJEET GAUTAM Vs. SMT.SUNITA

JUDGEMENT

(1.) This appeal has been preferred by the appellant - husband against the judgment and decree dated 7.3.2011 passed by the Additional District Judge (FTC), Karnal, whereby the petition filed by him under section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") for dissolution of marriage by decree of divorce has been dismissed.

(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. The marriage between the parties was solemnized on 14.4.2000 as per Hindu rites and ceremonies at Karnal. Both the husband and wife lived together at Karnal and out of the wedlock, one child namely Pranshu was born on 29.11.2002. According to the appellant, from the very beginning, the respondent wife was of quarrelsome nature. She was in the habit of going to the house of her parents of and on without the consent and permission of the appellant and his parents. On 20.6.2002, the parents of the respondent again came to the house of the appellant, took the respondent with them and threatened the appellant not to come to their house to take her. In the month of Dec. 2002, the parents of the appellant had convened a panchayat at the house of the parents of the respondent wife which was attended by his mamma, father and other relations. Father of the respondent wife did not permit the family members of the appellant to see the child and the respondent despite persuasion did not come back to her matrimonial home and had rather refused to cohabit with the appellant or to return to the matrimonial home. Ultimately, the appellant filed petition under Sec. 13 of the Act on the ground of cruelty. The trial court after considering the entire evidence on record dismissed the petition vide judgment and decree dated 7.3.2011 impugned herein. Hence the instant appeal by the appellant husband.

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