VIRENDRA KUMAR KISHANCHAND Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THE trial Court dismissed the petition under Section 13 of the Hindu Marriage Act, 1955 (Act for short), filed by the appellant, which has led to the filing of the present appeal against judgment and decree dated 10.11.2006.

(2.) THE petition was brought on the ground that the marriage between the parties was solemnized on 19.03.1988 at Ambala. One child was born on 12.08.1996, who was living with the appellant. Just after one week of the marriage, differences arose between the parties as the respondent was of a suspicious nature and used to insult the appellant in the presence of relatives, officers and colleagues. The appellant hoped that with the passage of time, the conduct of the respondent would change for the better, but his hope was shattered.

(3.) IN 1993, the appellant was transferred to Assam and the respondent was taken to a hospital at Mumbai to consult a specialist, but she created a scene over there. However, on the advice of the doctors, she agreed to conceive and after that the child was born. The birth of the child did not change the respondent and she showed no interest in the child and did not take proper care. She was a source of embarrassment for the appellant when any one visited their house or when they went out. The marriage was more of misery than pleasure. In October, 2000, the respondent left the matrimonial home for four months, but came back in February, 2001. The appellant requested his mother to live with them for some time to ease the situation, but the respondent misbehaved with her mother -in -law and openly said that she would behave in the manner she liked. In May, 2002, she deserted the appellant and the child and went to live with her parents in Ambala.