DHARAM PAUL Vs. MAINA DEVI

JUDGEMENT

(1.) THIS appeal under the Hindu Marriage Act has been filed against the judgment and decree dated 4.11.1995 passed by the learned Additional District Judge, Sirsa, dismissing the petition filed by the petitioner-appellant under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

(2.) THE appellant-petitioner Dharam Paul sought the dissolution of marriage with respondent on the ground that the marriage between the parties was performed in the year 1981 at village Darba Kalan as per Hindu rites and ceremonies. After solemnisation of the marriage, the parties lived together as husband and wife and no child was born out of the said wedlock. It was claimed that the marriage was a simple affair and no dowry was given or taken except few wearing clothes and utensils. It was further claimed that the wife was of quarrelsome nature having harsh temperament. She treated the petitioner- appellant and his family members with utmost cruelty during the entire period of her stay with the petitioner-appellant. It was also alleged that she used to quarrel with the petitioner-appellant and his family members even on patty matters and create a scene, as and when she was asked to behave properly. It was also the case of the petitioner-appellant that she used to refuse to prepare meals and tea etc. for the petitioner. It was claimed that she wanted the petitioner-appellant to leave his parental house and to shift to her parents' house. It was alleged that the respondent was in the habit of visiting her parents' house without the consent of the petitioner. It was also claimed that the respondent used to give threats to the petitioner-appellant that in case he did not reside in the house of the respondent, she would commit suicide and would falsely involve the petitioner and his family members in criminal cases. It was further claimed that the respondent left the house of the petitioner-appellant in the month of March, 1988 and did not come back in spite of best efforts of the petitioner. Thus, it was claimed that the respondent deserted the petitioner without any reasonable cause.

(3.) THE petition was contested by the respondent-wife, where all the allegations levelled by the petitioner-appellant were denied. It was claimed by the respondent that the petitioner had turned her out of the house after giving her beatings for want of sufficient dowry. It was further claimed that she always treated the petitioner-appellant and his family members with respect and never showed any disrespect. The allegation of desertion was denied. It was also claimed that the family members of the petitioner- appellant always taunted the respondent for want of adequate dowry. It was also the case of the respondent that she filed an application under Section 125 of the Code of Criminal Procedure against the petitioner-appellant before filing the present petition of divorce. In the said application, she was granted maintenance @ Rs. 200/- per month. It was further claimed that the case under Section 498-A, IPC was based on true facts. However, it was admitted that though the appellant and his family members were convicted by the learned Judicial Magistrate Ist Class, Sirsa, but they were acquitted by the Additional Sessions Judge, Sirsa, against which the matter is pending in this Court. However, it was an admitted case of the parties that the petition filed by the respondent-wife against the judgment of the Appellate Court in the High Court also stands dismissed.