BHOOP SINGH Vs. SUMJHO DEVI

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 14.9.2015 rendered by learned District Judge, Sirmaur District at Nahan, Himachal Pradesh in HMA Petition No. 11 -HMA/3 of 2013.

(2.) Marriage between the parties was solemnised at village Dharbhech/Kelopab, Tehsil Rajgarh, District Sirmaur, Himachal Pradesh about 16 years back. Two children namely Prem Singh (son) and Dropti Devi (daughter) were born. Respondent remained at matrimonial home for about 1 1/2 years. Thereafter she started creating hue and cry and used to leave the company of appellant. She used to leave the house without informing the appellant. Respondent used to stay for longer period with her parents and appellant and his family members have tied their best to call her back and join the company of the appellant. Respondent left the matrimonial home on 4.11.2004 alongwith minor children. Thereafter, she did not return. Appellant tried to settle the matter by visiting 10 -11 times the parental house of the respondent. Behaviour of the respondent towards the appellant was cruel. There is no co -habitation since 4.11.2004. It is also alleged that the respondent after leaving the company of the appellant developed illicit relations with a person of her parental village after leaving company of appellant. Respondent has also instituted maintenance proceedings against the appellant in which Court tried to reconcile the matter but the same could not be reconciled. Acts of respondent have caused physical and mental cruelty to him.

(3.) Petition was contested by the respondent. She has denied that she left the matrimonial house without informing the appellant or in -laws. She denied that she used to stay at parental house for longer period and that she refused to join the company of appellant. In fact, according to her, atmosphere of hostility was created by the appellant and his family members to force her to take shelter in her parents' house. Appellant used to consume liquor and under the influence of liquor used to give beatings to the respondent and her children appellant was forcing her to agree to his second marriage with one Ms. Kavita, resident of Gehnog with whom he developed relations. She was ousted from the house in the first week of November 2004. It was denied that appellant has visited her parents' house 10 -11 times. Appellant has leveled wild and scandalous allegations without any substance. Third child was born in March 2005. His birth was recorded in Gram Panchayat Kotla Bangi. She has admitted filing of maintenance proceedings against the appellant. However, appellant was not paying maintenance as per orders of the Court.