RAVINDER KUMAR Vs. NIRMAL

JUDGEMENT

(1.) THE appellant-husband has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (in short 'the Act') against the wife-respondent, as his petition filed under Section 13 (1) (ia) (ib) of the Act was dismissed by the Trial Court, vide judgment dated 13. 3. 1991.

(2.) THE petitioner-appellant's case in the lower Court was that he was married to the respondent on 7. 12. 1974 at Pundri. She gave birth to two sons in 1975 and 1976 respectively. Both the children are residing with the respondent at Pundri where she is employed as a teacher. He is employed in Cement Factory and is posted at Charkhi Dadri. The respondent lived with him upto 8. 7. 1976. During her stay in the matrimonial home she treated him with cruelty. She used to stay with him at Charkhi Dadri intermittently during vacations, holidays or by taking leave. She was never respective to him. She made his life a hell and gave him mental strain and frustration as she refused to perform her matrimonial obligations. While leaving the matrimonial home on 8. 7. 1976 she has taken away all her jewellery and cash of Rs. 1000/- with an intention to permanently severe the matrimonial tie. He made several attempt to bring her back but every attempt proved abortive. He filed a petition for restitution of conjugal rights, which was dismissed on 20. 8. 1977 for want of territorial jurisdiction. Thereafter, as she declined to join him he filed a petition for divorce which was decreed on 6. 1. 1979 but respondent's appeal in the High Court was allowed vide order dated 16. 11. 1980 and his petition as dismissed. Even after the dismissal of the petition he made efforts to bring her back but she declined. Thus, she has treated him with cruelty and has deserted him. On both these counts he prays for a decree of divorce.

(3.) PARTIES adduced oral and documentary evidence in support of their allegations. The Trial Court on minutely scanning the evidence on record came to the conclusion that the appellant-husband has failed to prove both the grounds of desertion and cruelty.