DHOULI Vs. RAM NIWAS

JUDGEMENT

(1.) This wife's appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, the Act)assailing the divorce decree granted in favour of the respondent-husband under Section 13 of the Act on the ground of cruelty.

(2.) Adumberated facts of the case are that the appellant-wife was married to respondent- husband on April 4,1982, in Village Talwandi Badashpur. Thereafter the couple lived at Hisar. Appellant gave birth to a daughter Saroj in this wedlock. Now the parties are living separately.

(3.) The respondent-husband filed divorce petition on August 2, 1989. alleging that from the very beginning of the marital life respondent's behaviour was not good towards him or his parents. She is a lady of quarrel- some nature and used to quarrel with him as well as with his parents on small matters. She also used to abuse him and his parents. Whenever he asked to her to behave properly. she used to threaten him to commit suicide and to implicate him and his parents therein. She used to desert the respondent-husband off and on and finally in June, 1987 she left the matrimonial home in his absence. Since then she is living in her parental home despite many efforts made by him to bring her back. Thus, the husband claimed divorce on the grounds of cruelty and desertion.