AMARJIT SINGH Vs. BALBIR KAUR @ RAGHBIR KAUR

JUDGEMENT

(1.) THIS is husband's appeal whose petition for dissolution of marriage under section 13 of the Hindu Marriage Act, has been dismissed by the trial Court.

(2.) THE marriage between the parties was solemnised in March, 1982. According to the husband, the wife left the matrimonial home in April, 1982 whereas according to the wife, she was turned out of the house in November 1984. However, a daughter was born out of this wed lack though according to the husband, his wife was leading adulterous life and, therefore, the said daughter was not from his loins. He filed the petition for divorce on 27 -7 -1985 alleging therein that from the very start the behaviour of the wife was very harsh and cruel. She is a lady of spend thrift character and wanted to live luxurious life. She started putting pressure on him to settle in Tehsil Patti and support her parents to which he declined. She started humiliating and insulting him in the eyes of his friends and relations. She used abusive language. Moreover neither she nor her parents disclosed her exact age at the time of marriage. After two days of the marriage, he arranged a party of his friends in his house but his wife abruptly came there and she started abusing him and insulting him before his friends and threw away the articles lying on the table. According to the husband, this conduct on the part of his wife amounts to mental cruelty. He also alleged that the wife has deserted him for the last more than two years without any sufficient cause and was living adulterous life. According to the husband, she has been seen in the company of many persons and she even gave birth to a child as a result of adultery on her part.

(3.) IN the replication filed by the husband, he denied the correctness of the stand taken in the written statement and reiterated the stand taken in the petition.