DIWAN CHAND Vs. SIMMI SAINI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30.8.2007, rendered by the learned Addl. District Judge, Una, H.P., in HMA Petition No. 22 of 2001.

(2.) KEY facts, necessary for the adjudication of this appeal are that the appellant has instituted the petition under Section 13 of the Hindu marriage Act, 1955 (hereinafter referred to as the Act), for dissolution of marriage by decree of divorce. The marriage between the appellant and the respondent was solemnized on 25.1.1998, according to Hindu rites, customs and ceremonies. The respondent along with her brother and sister threatened the appellant to leave the job in Bhatinda. They compelled him to stay in his native village. The appellant had no alternative but to accede to the wishes of the respondent and her brother. He left the job and started living at his ancestral village and opened the cycle repair shop. He was mentally harassed by the respondent. She used to threaten him to consume poison and to jump into the well to falsely implicate the appellant in a criminal case. The respondent neither conceived from the loins of the appellant nor any child was born out of the womb of the respondent. The respondent, in connivance with Dr. Angra and one nurse, namely, Nirmal Bhatti alias Sundri working at Zonal Hospital Una, got incorporated wrong entries qua her pregnancy and wrongly got entered the factum of delivery of child on 2.2.2002.

(3.) THE rejoinder was filed by the appellant. The issues were framed by the learned Addl. District Judge, Una on 27.9.2002 and 22.10.2005. The petition was dismissed by the learned Addl. District Judge, Una on 30.8.2007.