CHANAN SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) Husband has preferred this appeal under section 28 of the Hindu Marriage Act (in short, the Act) against the dismissal of his petition filed under section 13 of the said Act.

(2.) Admittedly, the parties were married as per Hindu rites on Basant Panchmi of the year 1971. Marriage took place at village Abhipur and thereafter the parties resided at Gaipur. For the last few years parties are residing separately. They were not blessed with any issue.

(3.) Petitioner's contention was that after the marriage the respondent resided with him for one month; then for a week she went to her parental home again she was brought back and lived with him for six months. She is a short tempered lady and is of quarrelsome nature. She used to pick up quarrels on petty things. She declined to do household work. Even in the presence of his friends she refused to prepare tea for them and thus insulted him. Her behaviour with his parents as well as with him was also not good. After living in the matrimonial home for 7 months in his absence she left the house, taking with her all her jewellery and valuable clothes. Thereafter he tried to bring her back but she declined. Even when his mother was ill and ultimately died, the respondent never came to see her or to attend her last rites, though message was sent to her. Relations and other persons were also sent for bringing her back, but they also could not succeed in their mission. In June 1989 a panchayat was conveyed. He along with his father, uncle and other panchayat members went to her parental home in village Abhipur. In that panchayat also she declined to come back. Her only insistence was that she wants to live separately with him. As his parents were old, infirm and ailing, he was not in a position to live with her separately. Thereafter she never came back to the matrimonial home to resume cohabitation. Thus, he claimed divorce on the grounds of desertion and cruelty.