BALWINDER PAL Vs. ANITA KUMARI

JUDGEMENT

(1.) THIS is an appeal by the husband under Section 28 of the Hindu Marriage Act, 1955 (in short, the Act) against judgment and decree dated 14.12.2000 passed by the Additional District Judge, Amritsar, dismissing the divorce petition filed by him against the respondent-wife under Section 13 of the Act.

(2.) IN brief, the facts of the case are that appellant Balwinder Pal got married to respondent Anita Kumari on 27.3.1996 as per Hindu rites. Out of the wed-lock, one male child, namely, Amit was born on 11.7.1997. It is the case of the appellant that right from the beginning, the behaviour of respondent- wife towards him and his family was cruel. She used to physically manhandle him and even used to give him slaps in the presence of neighbourers and family members. She also did not cook food for the appellant-husband and his family members. It is alleged by husband that on one occasion, she undertook before the Shakti Mahila Kendra that she would mend her ways and will behave properly with the husband but however, the things did not improve. She further went on to threaten to involve him and his family members in dowry case besides threatening to commit suicide. It has been alleged by the husband that the respondent-wife, on 7.10.1998, left the matrimonial house without his permission. Thus, he sought decree of divorce qua her by filing the aforestated divorce petition. Respondent-wife, on receipt of notice of divorce petition, contested the same by filing her written statement thereby denying the averments made in the petition. She stated that in fact it was the appellant and his family who were cruel towards her. She was shabbily treated and given beatings and later forced to leave the matrimonial house along with the child. She stated that she was also maltreated and harassed on the ground of demand of dowry. Dismissal of the petition was sought.

(3.) THE learned Trial Court, on appreciation of oral as well as documentary evidence adduced before it, held that the grounds on which divorce was sought are not proved and accordingly, dismissed the petition. Hence, the present appeal by the appellant-husband.