MAHESH CHANDER SHARMA Vs. RENU SHARMA

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act (herein after referred to as the "Act") has been preferred by the husband against the judgment rendered by learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, whereby his petition for dissolution of marriage on the ground of cruelty came to be dismissed.

(2.) The brief facts giving rise to the present appeal are that the appellant filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage on the ground of cruelty, wherein it was pleaded that the marriage between the parties was solemnized on 30.11.1993. One son and one daughter were born out of the said wedlock, who were studying at Vidisha (MP) and expenses for the same were being borne by the appellant. It was alleged that after marriage the conduct of the respondent towards the appellant and his family members was not good and she on trivial issues used to pick-up quarrel with them on trivial issues besides shunning the daily house hold chores. After 5-6 months of the marriage the respondent along with her brother went to her native place for fifteen days but did not come back despite being cajoled to come back to her matrimonial house by the appellant. However, as a last ditch effort the appellant went to Kangra in 1996 and brought the respondent back to Vidisha, but the respondent again misbehaved with the appellant and his parents. Despite that in the year 1999 when the respondent fell ill the appellant bore all the expenses of her treatment and got her cured. The respondent tortured the mother of the appellant and owing to the said mental agony, the mother of the appellant expired in the year 2001. The respondent did not relent even thereafter which resulted in the appellant having been pushed to reside separately from his other family members in a separate house. Even this curative step did not yield the desired results in so far as ameliorating the relationship between the appellant and the respondent.

(3.) The appellant filed divorce petition in the year 2003 which as a consequence of compromise arrived at between the parties was withdrawn on 20.1.2004. On 17.8.2005 on the occasion of Raksha Bandan, the respondent without any cause picked up quarrel with the appellant. It was further averred that on 27.9.2005 all of sudden and without any reason the respondent went to her native place along with her children and later on her father filed a false complaint against the appellant at Vidisha. Precisely referring to various incidents which had occurred after the withdrawal of the previous petition, the appellant exhibited all the events which according to him were definitely acrimonious between the appellant and the respondent resulting in filing of the petition for dissolution of marriage. Apart from this, on 1.9.2005, the appellant claimed that the respondent in the presence of all people of vicinity abused the appellant.