BAL RAJ SINGH Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) Husband-appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, the Act).

(2.) Admittedly, petitioner-appellant and respondent-wife were married in 1982 at village Charanwasi, Tehsil Nohar, District Sri Ganganagar.

(3.) The petitioner's contention was that after the marriage the respondent lived with him in the matrimonial home at village Khari Surera, Tehsil and District Sirsa, but she is a lady of quarrelsome nature and from the beginning of the marital life she started treating him with cruelty. She used to say openly that he and his parents are old fashioned people and they do not know the modern ways of life. She insisted that he should settle down permanently in village Charanwasi. The petitioner expressed his inability, which further annoyed the respondent. She threatened him that if he would not leave his parent, she would not allow him to have cohabitation with her and she would go back to her parental home. She stayed with him for few days only and even during those days she did not permit him to cohabit with her. After two years of the marriage, she gave birth to a son, which was not from his loins. When he came to know about her pRegulation ncy and made queries about it she threatened him that in case he would disclose this fact to any other person, she would commit suicide and will leave a suicidal note implicating him and his parents in a criminal case. She went back to her parental home. Through the intervention of the panchayat, on June 2, 1986, she came back to the matrimonial home, but, again there was not change in her behaviour. In September 1986 she again became pRegulation nt and left the petitioner's house on December 1, 1986, without informing him and without his consent. Thereafter he convened many panchayats to bring her back but all in vain. On May 16,1988, the respondent filed a false application before the Superintendent of Police, Sirsa, which was found false. On December 2, 1988, she again moved an application levelling false allegations of demand of dowry and beating against the petitioner. Thereupon a case under Section 498-A, 406 IPC was registered at Police Station Mohar. This report was lodged by her brother Om Parkash. During investigation, this report was also found false and it was cancelled. Proceedings under Section 182 IPC were initiated against Om Parkash. Hence, on the ground of cruelty and desertion, he claimed divorce.