JAI BHAGWAN Vs. KAMLESH

JUDGEMENT

(1.) THIS is husband's appeal against the judgment and decree dated 27.4.2001 passed by the Additional District Judge, Panipat, vide which his petition under Section 13 of the Hindu Marriage Act, 1955 (in short, 'the Act') for dissolution of marriage by way of a decree of divorce, has been dismissed.

(2.) IN brief, the facts are that marriage between the parties was solemnised on 12.11.1992 according to the Hindu rites and ceremonies. A son, namely, Ayush Kumar was born out of the wedlock. As per appellant-petitioner, respondent created bad environment in his family immediately after the marriage and caused several problems for the family members. Respondent's parents also instigated her to live with them at the parental house. Initially, respondent requested the appellant to allow her to complete B.A. course at Kurukshetra. She was granted permission by appellant to complete her education. Respondent, therefore, lived at her parental house most of the time. After completion of her studies, respondent started living at her matrimonial home, but she misbehaved with appellant and even used abusive language. She refused to perform matrimonial obligations. It is further alleged that appellant came to know later on, that respondent was having illicit relations with other persons. She had always been pressurising appellant to allow her to live at her parental house. When appellant did not permit her to visit her parental house, she tried to kill herself. Thereafter, appellant allowed her to visit her parental house. Respondent left the matrimonial home on 20.3.1998 without informing anyone. Appellant, therefore, filed a complaint in Police Station Samalkha vide Rapat No. 12 dated 25.3.1998. Respondent returned to her matrimonial home four months thereafter, but she did not disclose her whereabouts during the said period. Appellant summoned respondent's father and appraised him of the above incident. Thereafter, respondent left the matrimonial home with her father along with all valuable articles.

(3.) BOTH the parties led their evidence. After considering the evidence and facts and circumstances of the case, the Additional District Judge framed the following issues :-