NAIN SUKH Vs. SEEMA DEVI

JUDGEMENT

(1.) This is an appeal of the husband against judgement and decree dtd. 19/6/2010, passed by learned Additional District Judge, Shimla, H.P. Camp at Rohru in H.M.A. Petition No. 1-R/3 of 2006, whereby his petition for dissolution of marriage by decree of divorce under Sec. 13 of the Hindu Marriage Act ( for short "The Act") has been dismissed.

(2.) Brief facts necessary for the adjudication of the appeal are that the husband filed a petition for dissolution of his marriage with respondent (wife) alleging inter alia that he was married to the respondent in the year 1987 according to Hindu rites and ceremonies. Two children were born to the parties out of the wedlock. Respondent resided and cohabitated with husband till 1995 and thereafter she started living in the house of her parents. As per husband, the behavior of the respondent since the time of solemnization of marriage with the petitioner and his family members was not good. She used to quarrel with them and would leave her matrimonial house. Their relationship deteriorated to the such extent that it became impossible for husband to live with respondent. Finally, respondent left the company of husband forever by leaving minor children in the custody of husband. It was further alleged that the husband was working as a Conductor and had to remain on duty during odd hours. The conduct of the respondent added to his mental and physical fatigue. Husband and his family members tried to settle the matter with respondent and made efforts to bring her back but she did not agree. Respondent is also stated to have been awarded maintenance @ Rs.1,000.00 per month in her claim against husband under Sec. 125 of Cr.P.C. It was further alleged that the attitude of the respondent with husband and his family members remained quite hostile and indifferent. Respondent never cared for the husband and minor children.

(3.) Respondent contested the claim of the husband by denying all the allegations. In counter, she alleged that she was turned out from her matrimonial home by husband after seven years of marriage for the reason that the husband wanted to marry another lady and he in fact had married a lady, named, Lachhi and brought her home. Since, the respondent could not withstand such humiliation, she objected to the conduct of the husband and in result was turned out from the matrimonial home. It was further contended that respondent had to leave her matrimonial home alongwith minor children, who later were brought back by husband after about five years.