DEVINDER PAL SINGH Vs. SANJOGTA RANI

JUDGEMENT

(1.) Appellant-husband has preferred this appeal against the judgment and decree dated 12-11-1986 passed by Shri K. K. Aggarwal, Addl. District Judge, Chandigarh, in Hindu Marriage Act Case No. 69 of 1984.

(2.) Uncontroverted facts are that the appellant was married to the respondent on 12-l2-1980 according to Hindu rites at Chandigarh. They lived and cohabited together at Chandigarh up to 31-7-1981. Since 1-8-1981 they are residing separately. On 15-10-1981, the respondents gave birth to a female child.

(3.) The appellant-husband has filed this petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) for dissolution of marriage by a decree of divorce on the basis of desertion and cruelty of the respondent. According to him on the very first day of the marriage, the respondent told him that the marriage is against her will. She was having an affair with some other person. Hence, she is not happy with this marriage. Appellant was shocked and distressed on listening this. From 12-12-1980 to 31-7-1981 respondent has stayed in the matrimonial home, but only on 7-8 nights she was with him and on the rest of the nights she stayed at her parental home. During this short stay her behaviour with him as well as towards the members of his family was very arrogant, quarrelsome and nagging. She insulted him as well as other members of his family. She never behaved with humility. Even his relations were not treated well by her. On 1-8-1981, when she came back from the school, she was not well, at that time she was in the family way also. He took her to a doctor who gave her medicines and an injection also. Her parents were also informed who came and took with them the respondent against his wishes. At that time, respondent took away all jewellery and valuable clothes. When he came to know about the birth of the female child, he went to her parental home with sweets but he was not allowed to see the child. The respondent frankly said that the child is not of the appellant. She also threatened to get him dismissed from service. Thereafter, she never came back to the matrimonial home. Thus, she has treated him with cruelty and since 1-8-1981 she has withdrawn from his company without any just cause or excuse and without his consent. Hence he prayed for a decree of divorce for dissolution of marriage on the basis of desertion and cruelty.