DILBAG Vs. SMT. SUSHILA

JUDGEMENT

(1.) Having remained unsuccessful in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce before the Additional District Judge, Bhiwani, the appellant-husband has approached this Court by way of instant appeal challenging the judgment and decree dated 31.1.2004.

(2.) A few facts necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage between the parties was solemnised in the year 1981 at village Mandola, Tehsil Dadri, District Bhiwani, according to Hindu rites and ceremonies. They lived together as husband and wife at village Imlota and cohabited as such. From the said wedlock, a male child was born on 1988. After 1 years, the respondent started behaving in an abnormal manner as she stopped doing the routine household work. She used to go to her parental home when asked to behave properly. After making efforts for reconciliation, she was brought back to the matrimonial home. The younger sister of the respondent was also married to the younger brother of the appellant and they were residing as husband and wife in ordinary manner in the same house jointly. In April, 1990, the respondent left her matrimonial home on the pretext that she was going to field to meet the appellant but had gone to her parents house. When the parents of the appellant again made efforts in the year 1992 to reconcile the matter and had gone to her parents along with some respectables of the village, some ladies misbehaved with the mother of the appellant and gave her slap. In April, 1990, the respondent had deserted the appellant. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage between the parties by a decree of divorce. The said petition was contested by the respondent-wife by filing a written statement. Besides raising various preliminary objections, it was pleaded that the behaviour of the appellant was not good and he always used to quarrel with her without any reason. Further, the appellant and his mother did not allow the respondent to live in the matrimonial home. She is ready to live with the appellant. The other averments made in the petition were denied and a prayer for dismissal of the same was made. The appellant filed replication controverting the averments made in the petition and reiterated the averments made in the petition. From the pleadings of the parties, the court below framed the following issues:-

(3.) Relief.