MEENA DEVI Vs. SANTOKH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28.05.2003, passed by the learned Additional District Judge, Solan in H.M.A. Petition No. 15 -S/3 of 2000.

(2.) THE material facts necessary for adjudication of this petition are that the Respondent -husband had filed a petition against the Appellant -wife under Section 13(ia)(ib) of the Hindu Marriage Act, 1955 for dissolution of marriage. The marriage was solemnized between the parties in December, 1985 according to Hidu rites. Two children, namely, Rajan and Poonam were born out of the wedlock. The son was living with the husband. The relations between the parties for about 7 -8 years were cordial. However, according to the averments contained in the petition, the wife started mis -behaving with the husband and his parents and started impressing upon him to live separately from his parents. He was maltreated by her. She used to abuse him and his parents in filthy language in the presence of family, friends and relatives. The Respondent was working in H.P. Police Department and was posted at different stations. The Appellant used to threaten him that she will consume poison in order to implicate him. She also lodged a complaint against him with the Director General of Police, which was enquired into, but no substance was found in the complaint. She left the matrimonial house in the month of January, 1998 without his consent.

(3.) RESPONDENT -husband has filed rejoinder to the reply filed by the wife. According to him, the averments contained in the rejoinder, wife had withdrawn from the matrimonial home in the month of June, 1998 and there was no cohabitation between him and her as husband and wife, so the question of birth of third child on 08.12.2000 from the wedlock did not arise. The Respondent has levelled the allegations that his wife was living in adultery with someone. He had denied the filing of petition under Section 125 of the Code of Criminal Procedure in the Court of learned Additional Chief Judicial Magistrate, Arki by the wife.