BANI Vs. PARKASH SINGH

JUDGEMENT

(1.) Appellant-wife has assailed the decree of divorce granted by the Additional District Judge, Ludhiana, by judgment dated February 5, 1993, on the ground of cruelty under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955.

(2.) Admittedly, the parties were married on March 12, 1981. The appellant gave birth to one son and one daughter in this wedlock. The children are with the respondent.

(3.) Respondent-husband's contention in the lower Court was that after 4-5 months of their marriage, appellant's parents and her brothers started interfering in their matrimonial life. She is arrogant and insolent by temperament, never bothered for him or for his family members. She wanted him to live separately but he could not accede to her command as he is the only son of his old parents. She used to leave the matrimonial home on her own, but he always brought her back. Once her brothers beat his mother. When she withdrew from his society, he filed a petition for restitution in conjugal rights. The matter was compromised. She agreed to live in the matrimonial home, but again she left the matrimonial home and lodged a false report with the police. The police called the respondent and tortured him. Thus, according to the respondent, she has treated him cruelly and it is injurious for him to live with her.