SHATRUGHAN KUSHWAHA Vs. GEETA DEVI

JUDGEMENT

(1.) SHATRUGHAN Kushwaha -petitioner instituted divorce petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act against his wife Geeta Devi for dissolution of his marriage by way of decree of divorce on the grounds of cruelty and desertion. Vide Judgment and Decree dated 03.05.2013, the aforesaid petition was dismissed with cost by Sh. Vijay Singh, Additional District Judge, Rewari. Against the impugned judgment, petitioner -husband has come up with this appeal before this court.

(2.) BRIEF facts of the case are like this; that parties got married on 19.06.1994. The marriage was duly consummated. Two issues namely Nikita and Kartik were born out of this wedlock. Petitioner -husband brought this petition alleging that after the marriage respondent -wife started quarreling with him without any reason. She used to taunt and insult him in the presence of his friends and relatives. He tried to persuade her to behave in a proper manner but to no avail. She never cooked up the food nor cooperated with him. She is a greedy type of lady and has no love and affection for petitioner -husband. As per petitioner -husband, respondent -wife has taken a sum of Rs. 4,00,000/ - as maintenance amount from the petitioner vide cheque of City Bank with a compromise that she will not come in his way in future after the receipt of the this amount. However, after receiving the aforesaid amount on 30.06.2005, respondent -wife never turned up to her matrimonial home till date as such she has completely deserted which led to the filing of the present petition.

(3.) ON the other hand, it is the case of the respondent -wife that petitioner is a clever type of person and wants to get rid off the respondent by filing such type of false, frivolous and baseless petitions. Earlier, he filed a petition under Section 9 of the Hindu Marriage Act, which was dismissed in default on 03.12.2006 by the court of Sh. Inderjeet Mehta, the then Additional District Judge, Rewari. In that case, Rs. 5000/ - per month were awarded as maintenance pendente lite to the respondent and an amount of Rs. 1000/ - each to her children from the date of institution of the application i.e. 21.07.2006, vide order dated 03.01.2007, along with litigation expenses of Rs. 2100/ -. Revision filed against this order was dismissed. Total amount of maintenance comes to Rs. 2,03,233.33/ - w.e.f. 21.07.2006. However, petitioner paid only Rs. 93,000/ - to respondent. On 12.12.2008, he got dismissed this petition under Section 13 of the Hindu Marriage Act in default for his non -appearance so as to avoid payment of maintenance. As per respondent, petitioner is in arrears of Rs. 1,12,733.33/ - in that petition.