ANAND BHUSHAN BHARDWAJ Vs. NIRMALA

JUDGEMENT

(1.) THE husband Anand Bhushan Bhardwaj is aggrieved against the judgment and decree of the Additional District Judge, Faridabad, whereby his petition for dissolution of marriage by decree of divorce was dismissed.

(2.) THE marriage between the parties took place on November 24, 1984 at Khurja. It is the common case of the parties that they have been living apart since November, 1984. It is the case of the husband that on 30-11-1984 when he went to his in-laws house at Khurja (UP.) to take his wife back, she refused to come along with him and told him that she had no love and regard for him that she had illicit relations with some one else even prior to the marriage. The husband sought divorce on the grounds of adultery and cruelty by the wife. The wife contested the petition and denied the allegations levelled against her and pleaded that it was the husband who was cruel towards her and wanted more dowry and that when she failed to oblige him, she was deserted by her husband without any justiciable cause. The pleadings of the parties gave rise to the following issues :-

(3.) THE trial Court found that the husband has failed to discharge his onus of proving the charge of adultery or that he was treated with cruelty by the wife.