NEELAM MUKHI Vs. MOHINDER KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 19.3.1999 vide which marriage of the parties was dissolved by the learned trial Court, in a petition filed by the husband-respondent under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'). Parties had got married on 18.4.1988, at Chandigarh, according to Hindu Vedic rites. They lived and cohabited together at Bathinda, and out of their wedlock, a male child was born on 29.4.1990, who is now living with the wife-appellant.

(2.) THE case of the husband (petitioner before trial Court), as recorded in the trial Court judgment, was that from the very beginning, the wife-appellant was disrespectful towards him, his parents, brothers and other family members. She is arrogant, short tempered and had always been creating unnecessary fuss and tension in the family. She never showed any affection for the respondent. She remained away from her matrimonial house, from 9.1.1989 to 15.2.1989, 7.1.1990 to 5.2.1990, 28.3.1990 to 14.7.1990, 17.7.1990 to 8.1.1991, 6.2.1991 to 7.3.1991 and from 17.5.1992 onwards till the filing of this petition on 22.4.1996, against his wishes, as she had no intention to live with him at Bhatinda. She had, throught-out, been compelling him to shift to Chandigarh. However, in the month of February 1991, she had agreed to come to Bathinda on the condition that he would separate himself, from his parents. In order to save his married life, he did this also, and both of them started living at the house of one (sic) Singh, at Bathinda. She, however, again left his house. And, her father, who had always been against him, ultimately, wrote to the Agricultural and Forest Minister, Punjab, on 10.4.1993, for her transfer from Bathinda to Chandigarh, on a fake ground of her ill-health.

(3.) IN the written reply, the appellant disputed the correctness of averments made in the petition. Her case is that she did not leave her matrimonial house, of her own. It was her mother-in-law who had deputed the respondent to drop her at her parents house, for delivery. The respondent used to insult, humiliate and belittle her, in the presence of others. Due to his such type of behaviour, she went into depression and became hypertensive. She, therefore, started taking regular medical treatment from PGI, Chandigarh. This treatment was continuing even when this petition was filed. It was also pleaded that it was her mother-in-law who made her and the respondent, live separately from her (mother-in-law).