LAWS(HPH)-2014-11-134

SATISH KUMAR Vs. SHAKUNTLA DEVI

Decided On November 19, 2014
SATISH KUMAR Appellant
V/S
SHAKUNTLA DEVI Respondents

JUDGEMENT

(1.) THIS F.A.O. is directed against the judgment dated 14.8.2013, rendered by the learned Addl. District Judge (III), Kangra at Dharamshala, in HMA Petition No. 7 -N/III/06.

(2.) KEY facts, necessary for the adjudication of this appeal are that the appellant has filed the petition under Section 13(1)(ia) & (ib), of the Hindu marriage Act, 1955 for dissolution of marriage on the grounds of desertion and cruelty. The marriage between the appellant and the respondent was solemnized on 7.10.2002 according to Hindu rites, customs and ceremonies. The respondent resided with the appellant only for about 15 days and thereafter she went to the house of her parents. The respondent started behaving indifferently with the petitioner and she insisted not to stay with him as her marriage was not solemnized with her consent by her parents. The appellant tried to make the respondent understand, but she did not adhere to the appellant. He had also gone on 2.3.2003 and 6.7.2003 to the respondent to bring her back. The parents of the respondent wanted to keep the appellant as 'Khana Damad' in their house. However, the appellant refused to do so. The respondent subjected the appellant with cruelty. She has deserved him. She had deliberately killed the child of the appellant in her womb by illegal abortion with malafide intention not to settle with the appellant.

(3.) THE rejoinder was filed by the appellant. The issues were framed by the learned Addl. District Judge (III), Kangra at Dharamshala on 13.7.2010. The learned Addl. District Judge (III), Kangra at Dharamshala, dismissed the petition on 14.8.2013.