SHERA ALIAS SHAMSHER Vs. SUKHDEVI ALIAS NEELAM

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 22.12.2014 passed by the District Judge, Kaithal, whereby the petition filed by the respondent -wife under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree divorce was allowed, the appellant -husband has approached this Court by way of instant appeal.

(2.) A few facts necessary for adjudication of the present appeal as narrated therein may be noticed. The respondent -wife filed a divorce petition, inter alia, pleading that her marriage was solemnized with the appellant about 12 years ago according to Hindu rites and ceremonies at village Sultania, Tehsil Guhla, District Kaithal. After the marriage, they lived together as husband and wife and cohabited as such and from their wedlock, three female children, namely, Tamana, Neha and Mafi were born. All the children are living with the respondent at her parental house at village Sultania and are studying in 5th class, 2nd class and in Nursary class, respectively. The appellant was addicted to liquor and used to beat the respondent under the influence of liquor. She tolerated all the cruelty caused to her with the hope that due to passage of time the behaviour of the appellant would change but his behaviour became more cruel towards her. Even the father of the appellant supported him in drinking and beating the respondent. The father of the respondent requested the appellant not to consume liquor and not to beat and harass her upon which the father of the appellant assured to keep the respondent with full regard and on that assurance, she was sent to her matrimonial home. After the birth of third female child, the behaviour of the appellant and his family members became more cruel towards her and they used to taunt her that she could not give birth to a male child and had put burden of three female children on them. In the month of April, 2011 the appellant gave severe beatings to her and she was turned out of her matrimonial home along with the third daughter and since then she was living at her parental house. The parents of the respondent convened many panchayats at the house of relatives of the appellant for keeping the respondent and her daughters with love and affection but to no use. Accordingly, the respondent 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 appellant by filing a written statement. Besides raising various preliminary objections, it was pleaded that the respondent was a very clever and quarrelsome lady. She used to pick quarrels with him and his family members on petty matters and abused him in an un -parliamentary language. When the appellant tried to understand the respondent, she used to abuse him and also threatened to commit suicide and involve him and his family members in false cases. She never prepared meals for him and her children and refused to do the household work and did not care for the children. It was further pleaded that the respondent had performed second marriage with one Sharab Singh on 25.6.2013 and since then she was residing with him. According to the appellant, the respondent had left the matrimonial home without any rhyme and reason and without his consent. 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.) RELIEF .