DHANPAT Vs. SHIMLA

JUDGEMENT

(1.) HAVING remained unsuccessful before the Additional District Judge, Sirsa in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act) for dissolution of marriage by a decree of divorce, the husband -appellant has approached this Court by way of instant appeal challenging the judgment and decree dated 22.10.2014.

(2.) THE facts, in brief, necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 1.7.1993 at village Chhota Jhanda, Tehsil Sardulgarh, District Mansa. After the marriage, they lived together as husband and wife at the house of the appellant and cohabited as such but no child was born out of the said wedlock. The respondent was under the influence and pressure of her parents from the very beginning. She was a lady of dominant nature. The parents of the respondent used to pressurize her as they wanted that the parties should settle at their house but the appellant refused to accept her request. She used to leave the matrimonial house many a times and the appellant brought her back sometimes either by making request or with the help of the panchayat. She used to harass, humiliate and maltreat the appellant and his parents. His parents allowed the appellant to live separately from them but even then the respondent did not mend her ways and always created trouble in the matrimonial life. In June, 2010, she left the matrimonial house without any reasonable cause and reached her parental house. She refused to join the company of the appellant and seeing no possibility of the respondent to join him, the appellant filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce. The said petition was contested by the respondent by filing a written statement. Besides raising various preliminary objections, it was pleaded that at the time of marriage, her parents had given sufficient dowry articles but the appellant and his family members started demanding more dowry articles including the cash amount from the respondent and her family members. The appellant used to oust the respondent from the matrimonial home and she used to go to the matrimonial home after convening the panchayats. The appellant started threatening the respondent to perform the second marriage with any other girl in order to get the child and when she did not agree for the same, she was given merciless beatings. The other averments made in the petition were denied and a prayer for dismissal of the same was made. From the pleadings of the parties, the trial court framed the following issues: -

(3.) WHETHER the petitioner has no cause of action to file and maintain the petition? OPR