RAKESH MITTAL Vs. SHEETAL

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and decree dtd. 15/1/2013 passed by the learned Additional District Judge, Narnaul (for short the trial Court'), whereby the petition under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the appellant-husband, was dismissed.

(2.) The aforesaid petition had been filed by the appellant-husband, inter-alia, pleading therein that his marriage with the respondent-wife was solemnized on 16/2/2009 as per Hindu rites and out of the said wedlock, a male child was born. At that point, the respondent-wife expressed concerns about their son's education due to her perceived lack of education and progressive mindset in the appellant-husband's family. It was further pleaded that the respondent-wife insisted on moving to Gurgaon for a better environment. On refusal of the appellant-husband citing his well-established business in Narnaul and his unwillingness to leave his family, the respondent-wife began creating problems. Further, the respondent-wife disobeyed him; refused to fulfil her duties; stopped cooking and eventually left Narnaul in May, 2010, taking their son along with her. Despite efforts to reconcile, interference of her parents had caused the marriage to deteriorate. The appellant-husband further pleaded that the respondent-wife deserted him without valid reason and that her acts amounted to cruelty. Thus, a decree of divorce had been sought for.

(3.) Upon notice, the respondent-wife appeared and filed her written statement admitting the factum of marriage. It was asserted that she always wanted to stay with the appellant-husband and his family at Narnaul and had never failed in her duties or misbehaved with them. The respondent-wife further asserted that the appellant-husband intentionally refused to keep her with him and she had denied the allegation of desertion. She further stated that the appellant-husband had fabricated claims of cruelty and rather, it was he, who had physically and emotionally mistreated her.