PUSHPA DEVI Vs. OM PARKASH

JUDGEMENT

(1.) THIS appeal has been instituted against Judgment dated 31.5.2008 rendered by learned Presiding Officer/Additional District Judge, Fast Track Court, Hamirpur, District Hamirpur, Himachal Pradesh in HMA Petition No. 49/2004/RBT No. 37/2005.

(2.) "Key facts" necessary for the adjudication of the present appeal are that respondent has instituted a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage between the parties by way of a decree of divorce against appellant. Marriage between the parties was solemnised on 10.2.2000 as per Hindu rites and customs. Appellant started misbehaving with the respondent and her in -laws. She gave beatings to the mother of the respondent. She used abusive language against father of the respondent. Matter was also reported to the Gram Panchayat, Jol Sapar and also police station Nadaun. Father of the respondent also filed a complaint before Superintendent of Police, Hamirpur complaining about the misbehaviour of the appellant towards the respondent. Appellant also filed a complaint under Section 498 -A/34 IPC against the respondent and his parents. She deserted him in the month of October, 2001. Petition was contested by the appellant. According to the averments contained in the reply, she has not mal -treated the respondent or members of his family. She was ready and willing to stay with the respondent. Rejoinder was filed by the respondent.

(3.) MR . Anand Sharma, Advocate, has vehemently argued that his client has not subjected the respondent to any physical or mental cruelty nor his client has ever deserted the respondent without a reasonable cause.