RAMESH CHAND Vs. LEELA DEVI

JUDGEMENT

(1.) By way of instant appeal, the appellant has assailed judgment and decree dtd. 25/6/2011, passed by learned District Judge, Una, H.P. in HMA petition No. 30 of 2008, whereby the petition of the appellant was dismissed.

(2.) Appellant filed petition under Sec. 13 of the Hindu Marriage Act, 1955 (for short the Act) before the learned District Judge, Una on 12/11/2008. The grounds for divorce were cruelty and desertion. The parties were Hindu by religion and their marriage was stated to have been solemnized in 1982 in accordance with hindu rites and customs. Two sons and a daughter were born out from the said wedlock.

(3.) Appellant specifically alleged that respondent was a cruel and quarrelsome lady. She started torturing the appellant from the very beginning of marriage. Three specific dates i.e. 15/6/1983, 15/3/1985 and 30/1/1986 were mentioned on which, the appellant was abused with filthy language and ill- treated by respondent. As per appellant, he went to Malaysia in 1992, after having found difficult to live with respondent. He further pleaded that from Malaysia, he was regularly sending maintenance amount to the respondent and children and had provided them with all basic facilities. He further alleged that in his absence, respondent turned the old mother and a brother of appellant out of house and made them to live in chow shed.