DEV RAJ SHARMA Vs. USHA KUMARI

JUDGEMENT

(1.) A petition under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") for dissolution of marriage by a decree of divorce was filed by appellant-husband Dev Raj Sharma against his wiferespondent Usha Kumari Sharma, which was dismissed by learned Additional District Judge, SAS Nagar (Mohali), vide judgment and decree dated 20.11.2014. Assailing the said judgment and decree, the instant appeal was preferred by appellant-husband.

(2.) In precise, the facts which need to be noticed are as under:-Appellant-petitioner Dev Raj Sharma was married to respondent Usha Kumari Sharma on 01.05.1983 at village Thou, Tehsil Bhoranj, District Hamirpur. After marriage, they cohabited as husband and wife and lived initially at village Panjot and then at various places where the appellant used to be posted during his service tenure and ultimately they settled at village Balongi, Tehsil and District Mohali. Out of the wedlock, two sons namely, Ashok Kumar and Manoj Kumar were born on 30.11.1985 and 25.12.1986 respectively.

(3.) The petition was contested by respondent-wife Usha Kumari. Admitting that she is legally wedded wife of the appellant and that two sons were born out of their wedlock, she submitted that both the sons were living under her care and custody. From the very beginning, the appellant had been cruel and harsh towards her. He had various vices including taking excessive liquor and non vegetarian food etc. He never paid the school/college fee of the children and whenever she reminded him of the same, he would give her merciless beatings. He would spend all his income on bad habits and would never think about kitchen expenses of the family. Many a times, he even threatened to sell the house which was the only shelter for her and the children.