KANWALJIT SINGH PANNU Vs. SMT. PARVEEN

JUDGEMENT

(1.) ALLEGING cruelty and desertion against the respondent -wife, the appellant -husband approached the matrimonial Court under Section 13 of the Hindu Marriage Act praying for dissolution of marriage by way of decree of divorce.

(2.) THE facts of the case giving rise to the filing of the present case are, that the parties were married on 3.1.1988. Out of the wed -lock, a son was born on 7.11.1988. Initially the couple had a happy married life, but 3 -4 months thereafter the trouble started. It is alleged that the respondent -wife started misbehaving and insulting the petitioner in public at the instance of her father, who is a rich businessman. Her father wanted that petitioner should leave his place of residence and join his business outside the country. The petitioner did not accept the offer as he could not afford to leave his old parents in their old age as they were totally dependent upon him. Petitioner treated the respondent -wife with love and affection, but she did not take care of him and left for her parents house in the month of May, 1988. Since that she is living over there. The petitioner filed a petition for custody of the child, which is also pending adjudication. Inspite of the order passed by the Court, the respondent -wife is not allowing the petitioner to meet the child. Even after the birth of the child, the petitioner went to the parental house of the respondent -wife to see the child, the petitioner went to the parental house of the respondent -wife to see the child, but he was insulted and humiliated and was not allowed to see the child. The petitioner's parents and other family members went to respondent's parents house to see him, but they all were insulted and father of the respondent misbehaved with them. It is further stated that the respondent took away all the dowry articles and her Istri Dhan while leaving the matrimonial home. Petitioner tried his best to bring about a change in the behaviour of the respondent, but she became disrespectful and hot headed. Petitioner and his parents arranged panchayats three times and went to the house of the respondent's parents to bring her back to the matrimonial home, but she declined to join the same. In view of the mental cruelty and torture caused by the respondent, it has become impossible for the petitioner to live with her. The respondent -wife has refused to join the matrimonial home and deserted the petitioner since May, 1988.

(3.) IN the replication, the petitioner controverted the allegations made in the written statement, reiterating his own pleadings. On the basis of the pleadings of the parties, following issues were framed: -