PRATHAM SINGH Vs. RAJESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant " husband against the judgment and decree dated 3.10.2013 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 on the grounds of cruelty and desertion 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 8.7.1992 according to Hindu rites and ceremonies. The appellant was under JBT training from 28.9.1992 to July 1994 and came into government job on 14.10.1995. No issue was born out of the said wedlock. The parties lastly resided together as husband and wife at the house of the appellant at Aurangabad. The marriage was simple. From the very beginning, behaviour of the respondent was not good towards the appellant and his family members. She was interested to live in her parental house. The appellant is M.A.B.Ed and physically handicapped person. The respondent never liked him and disregarded him. She also wanted to live separately with the appellant from his parents. The appellant even accepted her demand and started living at house No.756 w.e.f 22.10.1995. Despite that, her behaviour did not change. She used to curse the appellant to be a handicapped person. On 18.12.1997, she gave beating to the appellant with lathi blows. A complaint dated 18.12.1997 was lodged by the appellant against the respondent. In 1999, the respondent left the matrimonial home. On the request of the appellant and his family members, she came back. On 14.10.2000, she again left the matrimonial home. The appellant felt shocked when he and his family members were got involved in a false criminal case by lodging FIR dated 27.3.2001 by the respondent under Sections 498A, 406, 506 IPC. The appellant was arrested on 4.4.2001 and remained in jail for four days till 8.4.2001 before getting bail. However, the appellant and his family members were acquitted vide order dated 28.7.2010 by the trial court. The appeal filed by the respondent against acquittal was also dismissed. She filed application under section 125 Cr.PC for maintenance. She was granted Rs.3000/- per month as maintenance which was paid by the appellant regularly. The respondent also filed complaint under sections 494/109 IPC against the appellant and his family members which was also dismissed. Ultimately, the appellant filed petition under Section 13 of the Act for dissolution of marriage on the grounds of cruelty and desertion. 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 vide impugned judgment and decree dated 3.10.2013. Hence the instant appeal by the appellant husband.

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