RAJ PAL Vs. SUKHBIRI

JUDGEMENT

(1.) This is a Letters Patent Appeal under Clause X of the Letters Paten t against the Judgment dated 13.10.1987 passed by learned Single Judge of this Court in F.A.O. No. 62-M of 1987, dismissing the appellant's appeal and his petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce with Smt. Sukhbiri. The facts of the case briefly stated are as follows:

(2.) Raj Pal (appellant) was married to Smt. Sukhbiri in the year 1973. According to Raj Pal, she wife cohabited with him at the matrimonial home for 3/4 days after marriage and thereafter she was taken to the parental home as is customary for newly wedded brides. She came to the matrimonial home after five years. For about a month she behaved lovingly and affectionately towards him and the members of his family thereafter he became disposed towards them insolently. According to Raj Pal, she used to do so at the instigation of her parents who wanted her to bring money and house-hold articles from the matrimonial home for them. She used to leave the matrimonial home without his permission. She picked up quarrels with them without any reason and when she was requested to be loving and affectionate towards them, she did not see to reason. She did not perform the household chores. When she was asked to perform household chores, she hurled abuse on them. She did not spare even her mother-in-law and sister-in-law. Her elder sister is married to his brother. Their advise to her did not have any effect on her. In the year 1981, she gave birth to a son. The birth of a son to her did not bring about any improvement in her behaviour towards them. She without his permission left for the agricultural farm of the joint family at Mohna and stayed there with her said sister. She withdrew from the conjugal home without any reasonable cause or excuse. She thus treated him with cruelty.

(3.) In her written statement, the wife denied having withdrawn from the matrimonial home. She denied having refused to perform the household chores. She was always lovingly and affectionately disposed towards her husband and the members of his family. She never misbehaved with them. Rather the boot is on the other leg. The husband treated her with cruelty. He turned her out of the matrimonial home together with the child as he had fascination for some Sikh girl whom he was feeling inclined to marry. She had to file a suit for permanent injunction in the Civil Court for stalling his marriage with her. It was further pleaded that the husband and his family were not satisfied with the dowry brought by her and made her life miserable in the matrimonial home.