ASHWANI KUMAR SEHGAL Vs. SWATANTAR SEHGAL

JUDGEMENT

(1.) THIS appeal arises out of the dismissal of the application of the appellant under section 13(1) (ia) of the Hindu Marriage Act, 1955, for a decree of divorce by the learned Additional District Judge, Chandigarh.

(2.) THE case of the petitioner is that he was married to the respondent on October 10, 1975, according to the Hindu rites. After the marriage, the respondent started persuading him to live separately from his family, as she did not want to live in the joint family. She used to dislike the food prepared by his sister and also started using indecent language towards the other members of the family. She on many occasions refused to take food on the pretcxt that she may not be poisoned. She used to pick up quarrel on trivial matters and abuse him and his mother. She even ignored him and her attitude disturbed the peace of the family. The behaviour of the respondent greatly affected his mental and physical health. All the efforts of the appellant to persuade the respondent to see to reason and not to insist in her attitude failed and ultimately on November 23, 1975, at about 2 P.M. she left his home on the pretext to see her ailing mother. The respondent never came back after that. The appellant made several trips to the house of the parents of the respondent and requested her to come back and live with him in his house, but she refused. She insisted that the appellant should deposit Rs. 10,000/ - in her name and also arrange for a separate residence for themselves away from his family. The respondent also made certain frivolous complaints to the authorities and the Police, and also filed an application claiming maintenance under section 125, Criminal Procedure Code, 1973.

(3.) THE case between the parties was tried by the learned trial Judge on the following issues : -