SURESH BHARDWAJ Vs. SUBHADRA DEVI

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 13.12.2013, passed by learned District Judge, Shimla, H.P., in H.M.P. No. 48 -S/3 of 2011/2006.

(2.) "Key facts" necessary for the adjudication of the appeal are that the petitioner/husband (hereinafter referred to as the petitioner for the sake of convenience) filed a petition under Section 13 of the Hindu Marriage Act 1955 against the respondent/wife (hereinafter referred to as the "respondent" for the sake of convenience) for dissolution of marriage by decree of divorce, on the grounds of cruelty and desertion. According to the averments contained in the petition, marriage between the parties was solemnized on 29.4.1998 according to Hindu customs and rites. They lived together and cohabited as husband and wife at Kandoria Niwas near Laxmi Niwas, Pateog, Sector -I, New Shimla. One daughter, namely, Anchal was born out of the wedlock. She was seven years old at the time of filing of the petition. According to the petitioner, attitude and behaviour of the respondent remained cordial for about one year after marriage and thereafter, her behaviour towards petitioner was cruel and abnormal. She used to abuse him. Sometimes, he had to sleep without food. He was not permitted by the respondent to go to native village. Respondent even did not allow his parents and relatives to come to his house at Shimla. Respondent filed complaint against the petitioner vide FIR No. 179/2004 under Sections 498 -A, 323, 506 of the Indian Penal Code. A case under Section 125 Cr.P.C. was also filed, which was dismissed on 8.6.2006 by JMIC (4) Shimla. He was arrested by respondent on 8.9.2004 in case FIR No. 179/2004 and was released on bail next day. He was not allowed to take apparels and luggage. He stared living separately at Totu. According to him, the respondent was also charged with the offence under Section 228 of the Indian Penal Code. She was taken in custody on 24.8.2005 and was remanded to judicial custody. She remained in custody for 1 -2 nights in Model Central Jail, Kanda, Shimla. According to petitioner, the respondent deserted him.

(3.) REJOINDER was filed by the petitioner.