BHATERI DEVI Vs. SURENDER SINGH

JUDGEMENT

(1.) THE respondent-husband filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act') for dissolution of his marriage with the appellant-wife on plea of desertion and cruelty. The plea, on both counts, was upheld by the learned Trial Court which, vide impugned order, proceeded to order the dissolution of the marriage aforementioned.

(2.) THE respondent-husband has filed a plea on allegation which may be indicated as under :-

(3.) FOR want of academic credential, the respondent was not able to land a job. He having studied upto 6th standard could only earning his livelihood by doing job as a daily wager in the village. The appellant did not relish that scenario. She wanted that the respondent should separate in mess and residence from his natal family and should get employed out of village. At times, she even held out a threat that if the respondent did not do so, she would commit suicide "which will result in the involvement of petitioner and his family members in a criminal case". The respondent brought the entire attitude of the appellant to the notice of her parents and brothers in the beginning of January, 1992. The appellant left the matrimonial house unannounced after January, 1992. When the respondent went over the following day to the natal house of the appellant and narrated the facts, the appellant announced that she does not want to reside with him. Hukam Chand, brother of the appellant- wife also misbehaved with the respondent and also threatened him with a knife. In August, 1992, the appellant was brought over to the matrimonial house by the father of appellant and three village mates. The appellant tendered an unconditional apology and promised to behave decently and also attend to the house hold chores. The respondent told her that she could return to the matrimonial house but that she must not visit the house of Rajinder Singh and Mst. Roop Devi without any reason. The respondent further told the appellant that she should also refrain from holding out a threat to commit suicide. The appellant assured to comply. However, within only fifteen minutes of the 'mediating' team having left, the appellant went over to the house of Rajinder Singh and Mst. Roop Devi and stayed over there through out a period of one month. That act of hers caused mental cruelty to the respondent.