RAKESH KUMAR Vs. SHASHI

JUDGEMENT

(1.) This appeal, under Sec. 28 of the Hindu Marriage Act, has been preferred by the husband-appellant against the judgment and decree dtd. 30/4/2012, passed by the District Judge, Una in HMA Petition No. 25 of 2009 titled Rajesh Kumar vs. Shashi whereby petition preferred by husband-appellant under Sec. 13(1)(ia), 13(1)(ib) of Hindu Marriage Act, 1955, for dissolution of marriage on the ground of cruelty and desertion, has been dismissed.

(2.) I have heard learned counsel for parties and have also gone through record as well as case law, referred during the arguments.

(3.) Marriage of husband-appellant and wife-respondent was solemnized in the year 1991 as per Hindu Rites and Ceremonies. Out of wedlock, during co-habitation after marriage, three daughters and one son were born. According to husband, in December, 1999 respondent/wife complained about interference by mother of husband in liberty of wife in absence of appellant and she compelled the appellant to live separate from his mother, as she expressed unwillingness to look after his old aged mother for an indefinite period, but he being only son was unable to leave his mother whereupon the wife got annoyed and in the month of December, 1999, in his absence, after administering intoxicated pills to his mother left the house along with luggage, ornaments etc. whereafter, appellant went to parental house of respondent, but despite his efforts, respondent did not agree to live with appellant with threat that in case she was forced then she would consume poison and, ultimately, after 9 years of marriage, appellant was constrained to file petition for dissolution of marriage.