BHAGIRATH Vs. USHA

JUDGEMENT

(1.) This appeal has been preferred by the appellant husband against the judgment and decree dated 15.5.2008 passed by the Additional District Judge, Faridabad, whereby the petition filed by him under section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") for dissolution of marriage, was dismissed.

(2.) Shorn of unnecessary details, the facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 15.2.1988 which was duly consummated. However, no child was born out of the said wedlock. It was a simple marriage and no articles were given at the time of marriage. The behaviour of the respondent towards the appellant and his family members was very cruel. She gave danda blows to the appellant and his mother. She even left the matrimonial home several times without his knowledge and lived with some other unknown persons for two/three days. The appellant requested the respondent to change her behaviour but to no avail. She threatened the appellant and his family members that she would commit suicide at any time and involve them in a false criminal case as dowry death. In 1990, she while leaving the matrimonial home took away all the ornaments, valuable clothes and jewellery etc. and since then she was residing with her parents. The respondent and her parents lodged a complaint against the appellant and his family members under Sections 406, 498-A of the Indian Penal Code. The police had recovered all the istridhan from the appellant and his family members and handed over the same to the respondent. Accordingly, 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.

(3.) The trial court on appreciation of evidence led by the parties, decided issue No.1 against the appellant holding that neither it was proved that the respondent had deserted the appellant without any reasonable cause nor the respondent had committed any cruelty towards the appellant. Issues No.2 and 3 were decided in favour of the respondent. Accordingly, the trial court vide judgment and decree dated 15.5.2008 dismissed the divorce petition. Hence the present appeal.