ANJANA KUMARI Vs. VIPIN KUMAR

JUDGEMENT

(1.) This appeal at the instance of appellant - wife is against the judgment dated 1.2.1999 passed by the District judge Una. whereby her marriage with the respondent - husband was dissolved by a decree of divorce on the ground that she treated him with cruelty.

(2.) The brief facts of the case are that on 2.8.1997 the husband filed petition under Section 13 of the Hindu Marriage Act for dissolving the marriage of the parties by a decree of divorce on the ground of cruelty. Admittedly, the marriage between the parties took place on 22.1.1995 and one son was born out of the wedlock on 21.9.1996. The allegations of cruelty as made in the petition are : - "...The behavior of the respondent is such that she gets irritated and creates problem by making a mountain out of the mole and makes the entire atmosphere of the family such drastic so as to make it impossible to reside therein. She creates fuss over the petty matters and quarrels with the petitioner and other member of the family for nothing, thus causing mental cruelty to the petitioner. That the responded used to leave the company of the petitioner without his consent or permission and reside at her parents house for a number of has together adding further cruelty to the petitioner. That apart from it the respondent has ceased to have the marital relation with the petitioner for a period bf more than 11/4 years which also amounts to the causing of mental and physical cruelty to the petitioner."

(3.) On the above allegations the husband concluded in para 8 that due to behavior and act and conduct of the respondent the marriage between the parties is irretrievably broke and there is no possibility of reunion and continuation of the marriage.