PARDEEP JOSHI Vs. SAREENA JOSHI

JUDGEMENT

(1.) The instant appeal has been preferred by the husband - Pardeep Joshi, against the judgment and decree dated 04th November, 2016, passed by the Ld. District Judge (Family Court) SBS Nagar, (in short 'Ld. Family Court'), vide which the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), seeking dissolution of his marriage with the respondent-wife, was dismissed.

(2.) A few facts necessary for adjudication of the case, as pleaded in the petition filed by the appellant-husband (petitioner therein) before the Ld. Family Court, may be noticed.

(3.) The marriage between the parties was solemnized on 12th November, 2009, according to Hindu rites and ceremonies. It was a simple marriage sans any dowry. Soon after the marriage, parties shifted to Rupnagar, where, they both started residing as husband and wife. The husband spent a considerable amount on the studies of the wife. After completion of her B.Ed. studies, the wife was got admitted by him for M.Ed. However, the behaviour of the wife was not cordial with the husband as she would insult and humiliate him in the presence of one and all. All his pleas to the wife to refrain from indulging in insulting behaviour fell on deaf ears. There was a lot of interference from her parental side, which was a constant source of nuisance in their marriage. After the birth of their child, the wife went to her parental house, where she stayed for three months and refused to even return for the Lohri festival. She returned only for a week in April, 2013 and then again left. She moved an application against the husband and his parents before SSP, Nawanshahr, wherein, she levelled baseless and false allegations. However, compromise was arrived at between the parties before the Women's Cell at Nawanshahr. Even though the wife returned to her matrimonial home, she continued inflicting atrocities on the husband and his family, as a result of which, the husband slipped into depression. On 24th July, 2013, wife left the matrimonial home after declaring that she was severing all ties with him. An FIR was also got registered against the husband and his family, leading to his arrest. This cruel act of the wife played havoc on the husband. At the time of the death of his father, neither did the wife nor any one from her parental family attend the last rites. The husband pleaded that due to the cruel acts and conduct of the wife, it had become extremely difficult for them to continue their relationship as husband and wife. Hence, he prayed for dissolution of their marriage by way of decree of divorce.