OM PARKASH SHARMA Vs. GITA DEVI

JUDGEMENT

(1.) This is husband's appeal directed against judgment dated 11/8/1988 of the Additional District Judge, Sonepat, whereby his petition under Section 13 of the Hindu Marriage Act for dissolution of marriage has been dismissed.

(2.) Appellant filed a petition under Section 13 of the Hindu Marriage Act against his wife, Gita Devi on the ground that he was married with the respondent on 8-12-1982 and after marriage, she had lived with him from 9-12-1982 to 11-12-1982 and thereafter she had gone to the house of her parents. It was alleged that later, on 14-5-1983 respondent had come to the house of the appellant and stayed with him upto 12-6-1983. He alleged that than the respondent again left him and stayed with her parents and came to his house in the last week of November,1983, and at that time she was in her third month of pRegulation ncy. He alleged that he protested with the respondent about her pRegulation ncy because he had no access to the respondent during the time she had conceived. He alleged that he was mentally upset and was unable to bear this conduct of the respondent. He further alleged that on 23-1-1984, respondent left Sonepat in order to attend the Kirya ceremony of the wife of her father's brother and thereafter, she had refused to come back to Sonepat as she was ashamed of her pRegulation ncy. He alleged that respondent had withdrawn from the society of the appellant without sufficient cause from 23-1-1984 onwards and therefore, he was entitled to dissolution of marriage on the ground of cruelty and desertion. Respondent contested the petition by denying the material averments made therein. She stated that she lived with her husband for five days and thereafter, she had stayed in the house of her parents in the month of May, 1983. She admitted that she had not conceived during that period. She alleged that appellant had been maltreating her on account of her having not brought sufficient dowry. She alleged that since the demand of the appellant was not met, she was maltreated by the appellant and the members of his family. She further alleged that in pursuance of the efforts made by her father the appellant brought her to Sonepat and she remained with her husband till 25-1-1984. She stated that during this period, she was maltreated by the appellant and the members of his family. It was further averred that on 25-1-1984, appellant and his parents turned her out after giving her merciless beatings and thereafter, appellant had not come to fetch her back from her parents' house. She also stated that her father had taken Panchayat in the month of March and August, 1984 to persuade the appellant and the members of his family to keep the respondent, but they demanded a scooter or Rs. 10,000/- in lieu thereof. She averred that her father was not in a position to meet this demand. She submitted that she conceived in the house of the appellant during her stay there from 25-11-1983 to 25-1-1984 and she had delivered a male child on 20-10-1984 in the Nehru Maternity Hospital, Aligarh. She further averred that appellant never came to see his son, nor came to take her back, though she was always ready and willing to go to her husband without any condition. She pleaded that she never had any sexual inter-course with any one except the appellant and that she had conceived from the loins of the appellant.

(3.) On the pleadings of the parties, the trial Court framed the following issues :-