KAMLESH KUMARI Vs. VINOD KUMAR

JUDGEMENT

(1.) This appeal has been pre-ferred by the appellant/wife against the judg- ment and decree of learned District Judge (F), Shimla dissolving the marriage between the parties to this appeal by a decree of divorce on the ground of cruelty as pleaded by the respondent/husband.

(2.) Petition under Section 13 of The Hindu Marriage Act, 1955 (hereinafter referred to as Act) was instituted by the respondent-hus-band. It was pleaded that the marriage be-tween the parties was solemnized on 7.3.2000 at Village Bagoti. The case pleaded by the respondent/husband is that immediately after the marriage, the appellant herein started treating the respondent with cruelty. Num-ber of grounds were urged before the learned trial Court to substantiate this plea. Prima-rily amongst them were:

(3.) The learned trial Court after consider-ing the evidence of the parties, concluded that it was proved on record that the appellant had left for her parental home on number of occasions without any justifiable cause or informing the petitioner, as also instituted a criminal case without any justifiable cause. The learned Court held that the acts of the appellant in isolation as well as jointly con-stitute cruelty justifying grant of decree for divorce as prayed for. While concluding, the Court held that the parties had been residing separately for the last more than two years before the institution of the divorce petition (petition was instituted on 11.1.2005). It re-jected the explanation given by the appel-lant for leaving the company of the respon-dent without sufficient cause.