RAM CHANDER SEHGAL Vs. TRIPTA SEHGAL

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Judge, Ambala vide which the petition filed by Ramesh Chander Sehgal appellant, for dissolution of his marriage with Smt. Tripta Sehgal respondent, by a decree of divorce under section 13 of the Hindu Marriage Act, has been dismissed.

(2.) The parties were married on 8-6-1969 at Ambala Cantt. The parties lived together at Ambala Cantt. till 9-9-1970. No child was horn out of this wedlock during that period. It is alleged by the petitioner-appellant that the respondent. started asking him to live separately from his father and brothers but he told her that since there was no other female member in the family to look after his aged father, he would not separate from his father and his younger brothers. Further according to him the respondent got annoyed with him and left his house in his absence on 9-9-1970, taking all her ornaments and the ornaments of his mother. The petitioner-appellant further urged that he tried his best to bring her back but she did not come. The petitioner-appellant then filed a petition for a decree for the restitution of conjugal rights against the wife (respondent) but the same was dismissed. It is alleged by the petitioner that the respondent has deserted him for the last about six years and all his attempts to bring her back and persuade her to live with him, have failed and, therefore, his marriage be dissolved and the decree for divorce he passed.

(3.) The case of the respondent is that she did not leave the house of the petitioner-appellant in his absence, rather she was turned out of the house after giving her merciless beating only with three clothes and that thereafter he never cared to contact her. She further pleaded that the petitioner filed a false application levelling false allegations against her and her father, which was dismissed. Then he filed a petition for a decree for restitution of conjugal rights in which he made false allegations of theft and the same was dismissed with a finding that he was guilty of cruelty towards her. She in her written statement made an offer that she wanted to lead a marital life in case the petitioner improves himself and shows a good behaviour and also withdraws the false allegations of theft against her. The following issues were framed :