KRISHAN Vs. ANITA

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 03.07.2013 passed by the Additional District Judge, Narnaul whereby the petition filed by the appellant under Sec. 13 of the Hindu Marriage Act 1955 (for brevity 'HMA') seeking dissolution of marriage of the parties has been dismissed.

(2.) The marriage of the parties was solemnised in the year 1986 as per Hindu Rites when the appellant was six years old. After attaining the age of majority, the marriage was consummated. The appellant has prayed for a decree of divorce on twin grounds i.e. the respondent is guilty of treating him with cruelty and has withdrawn from his society since 13.09.2002 and refused to resume cohabitation despite efforts by the appellant. The respondent (wife) has been accused of cruelty inter alia on the allegations that she never obeyed commands of the husband in regard to cooking of food and making tea etc. and abused the appellant in presence of guests. She never gave respect to the appellant and his family members. On 13.09.2002, she left the matrimonial home without consent of the appellant and is residing with her parents. A false case under Sections 498-A, 406 of the Indian Penal Code (in short 'IPC') was registered in Police Station Buhana against the appellant and his family members.

(3.) The respondent filed the reply and denied the allegations on the basis whereof a decree for divorce has been sought by the appellant (husband). It is pleaded that her behaviour towards the appellant was always very good. She was given beatings and thrown out of the matrimonial house. The appellant kept the entire stridhan of the respondent with him, therefore, criminal case under Sections 498-A, 406 Penal Code has been registered. She is still ready to go to her matrimonial house. The appellant or his family members never came to take her back to the matrimonial home.