JOGA SINGH Vs. BASANT KAUR

JUDGEMENT

(1.) THE appellant-husband is in appeal against the order vide which he was non-suited, in the matter of a plea filed by him under Section 13 of the Hindu Marriage Act for dissolution of the marriage with the respondent-wife.

(2.) IN the course of the petition, the appellant alleged that the marriage between the parties was solemnised in the year 1984 and two female issues were born out of their union on 25.2.1986 and 6.8.1990. The respondent-wife who is under "the thumb of her mother and the Mahila Mandal" used to treat the appellant with cruelty from the very inception of their marriage. She would always use filthy language in the course of the conversation with the appellant. She would, at times, abuse the appellant in the name of his mother and sister even in the presence of visiting guests and friends. The appellant is a respectable person with a noticed status in society inasmuchas he is a Municipal Commissioner of Makhu Municipal Committee and is a Congress social worker. Whenever he would go out of the house for earning livelihood, the respondent-wife would lock up the house and go over to her natal house, alongwith her children. The appellant would, in that eventuality, find the house locked. On return to the house, he had to, at times, send for the respondent from her natal house. Every time he would do so, he would be greeted by the respondent-wife with abuses and filthy language. The respondent-wife would even refuse to cook food for him and he had to go without food. The respondent-wife even denied sex to him. The denial of sex had adversely affected the mental health of the appellant who is a young man otherwise. The respondent-wife used to be labour the appellant with a danda or shoe. She had thereby caused injuries to him and also caused mental cruelty. The respondent-wife ultimately deserted the appellant in the month of January, 1995. He could not secure her return to matrimonial house inspite of convening of Panchayat for the purpose aforementioned.

(3.) THE learned Trial Judge disposed of both the issues against the appellant- husband by recording a finding under the former issue that it was the appellant-husband himself who was at fault in having developed illicit relations with the sister of the respondent-wife. Under the latter issue, it was held that the respondent-wife had withdrawn from the conjugal company of the appellant for a reasonable cause as the latter had developed illicit relations with former's yonger sister.