RANDHIR SINGH Vs. SAROJ BALA

JUDGEMENT

(1.) THE appellant-husband is in appeal against the judgment and decree dated 7.11.2008 vide which a plea filed by him under Section 13 of the Hindu Marriage Act (hereinafter called as "the Act") was declined by the learned Trial Court.

(2.) THE marriage between the parties was solemnised on 18.5.1997. It was consummated in the area of villagte Bhongra, Tehsil Narwana, District Jind. Two children (a daughter and a son) were born out of their union. Both the children are living with the respondent-wife. As both the parties are in public employment (the appellant being an employee of the Education Department and the respondent being an official posted in the office of Deputy Commissioner, Jind), the marriage was a simple affair. It is averred that the respondent-wife, from the very inception of the marriage, was a dominating spouse and wanted the appellant to live the way she wanted him to. She did not even permit the appellant to have his parents live in the matrimonial house. She was in the habit of taunting the appellant that teachers do not teach properly and thereby spoil the career of children. She always had a feeling of superiority as she was posted in the office of an Officer who wielded local influence; whereas the appellant had no reputation in the society. The respondent would not even spend a PENNY on the family. There were many anti social elements who were in the company of the respondent and those elements used to threaten the appellant to lead his life under the pressure and guidance of the respondent or else he shall have to face dire consequences. On 10.10.2004, a brother of the respondent-wife tried to do away with the appellant. He, in that endeavour, was assisted by three number of anti social elements. However, the miscreants fled the spot when he raised a noise. At times, the respondent used to even beat up the appellant. On one particular occasion i.e. 21.7.2007 at about 9.00 P.M., the respondent gave the appellant a tooth bite and also a knife blow on the latter's arm. He had also got himself medically examined.

(3.) THE appellant had, thus, applied for the dissolution of the marriage on the plea of cruelty.