SHAM LAL Vs. KANTA DEVI

JUDGEMENT

(1.) THE appellant-husband has come up in appeal against the judgment and decree of the Trial Court dated 21. 9. 1988 whereby his petition under Section 13 of the Hindu Marriage Act (for short 'the Act') filed on the grounds of cruelty and desertion has been dismissed.

(2.) THE petitioner's contention was that he was married to the respondent in February, 1975. They lived together at Sirsa. She gave birth to a son in this wedlock. He died after 4 months. The respondent lived with him for only 3 months and thereafter since, he could not accede to her desire that he should live separate from his parents, she went away to her parental home. When she was with him, her behaviour towards him and towards the members of his family was not good. She used to quarrel with all of them and sometimes physically manhandled him. She used to abuse him and his family members. Thus she has ill-treated and misbehaved with all of them. For the last 9 years she is residing in her parental home without any excuse. She did not co-operate with him to run the household harmoniously, denied him her company and kept him sexually starved.

(3.) THE Trial Court, on appraisal of the parties' evidence, came to the conclusion that the appellant has failed to prove both the grounds of divorce. Further he has also failed to satisfy the Court that the petition is filed without unnecessary or improper delay. Thus the petition was dismissed.