YOGENDER SINGH Vs. SUNITA

JUDGEMENT

(1.) Aggrieved by the dismissal of the petition filed under Section 13 of the Hindu Marriage Act seeking divorce on the ground of desertion and cruelty, the husband has preferred the present appeal.

(2.) The appellant has contended in his petition under Section 13 of the Hindu Marriage Act that the marriage between the appellant and the respondent was solemnized on 19.4.1995 as per Hindu rites and ceremonies. The marriage was consummated but no child was born. The respondent treated him and his family members in a cruel manner. She quarreled with the appellant and insulted him. She did not prepare food and chose to remain away from the matrimonial home without informing the family members of the appellant. She was an impotent lady. On 15.4.1999 without the consent and permission of the appellant, respondent left the matrimonial home along with valuable articles and jewellery. Though the dispute was referred to Panchayat, the family members of the respondent threatened the appellant.

(3.) Respondent in her written statement completely denied the allegation that she used to quarrel with the appellant and his family members. She denied that she insulted the appellant and his family members. It was absolutely wrong that she remained out of home without the consent or permission of the family members of the appellant. It was the appellant who gave severe beatings to the respondent raising a demand of dowry from her parents. She was mercilessly beaten by the appellant and his family members and lastly in the year 1999, she was turned out from the matrimonial home.