AKASH SHARMA Vs. RAMESH KUMAR SHARMA

JUDGEMENT

(1.) This appeal arises out of the judgment of Additional District Judge (I), Kangra in H.M. Petition No. 45/87, decided on 30.5.1988, moved by the respondent under Sections 13 of Hindu Marriage Act for dissolution of marriage by a decree of divorce.

(2.) BRIEFLY , the facts are that the p.ies were married on 1.3.1979 according to Hindu rites at Pathankot. They lived peacefully till February, 1982 and out of this wedlock, a male child Rohit, was born on 27.3,1982. Soon thereafter, the relations decayed between the parties and the grievance of the husband is that right form the beginning of the marriage, the parents of the appellant had been interfering in the married life of the parties and the appellant was in the habit of leaving the matrimonial house without the consent of the respondent and other members of the family. Further, case of the respondent is that the appellant had been insisting for separate living, since she was not adjusting in the culture of a remote village of the State. She belongs to Amritsar and was interested in living in the city away from the village. The appellant was taken to the place of his service, however, there also she used to leave the place without his consent and even leaving no information behind about her whereabouts. All this had lowered the reputation and status of the respondent in the eyes of the public and his fellow employees. It is also the case of the respondent that the appellant wanted him to cut off his relations with other members of his family. Despite all efforts to settle her, the appellant did not improve, although, she had not only realized her in temperate behaviour towards the respondent, but also felt sorry for the same and wanted to be excused. Two petitions were also filed against the respondent, which ended in compromise, still the parties are living apart. It is also the case of the respondent that the appellant had withdrawn and taken away the child from the school without his knowledge and consent. Because of the behaviour of the appellant, the respondent has not only hurt, but has caused humiliation to him in the public. His health has weakened due to this humiliation and mental torture on behalf of the appellant.

(3.) ON the pleadings of the parties, the following Issues were framed: