JOGINDER PRASHAD Vs. SHRESHTA DEVI

JUDGEMENT

(1.) The instant appeal stands directed against the judgment rendered by the learned District Judge, Kangra Division at Dharamshala, H.P. on 28.05.2013 in Hindu Marriage Petition No. 41-D/III/2010/2006, whereby, the petition aforesaid constituted therebefore, by the petitioner/appellant herein stood dismissed.

(2.) The brief facts of the case are that the marriage inter se the contesting parties hereat stood solemnized on 15.06.1999 at village Asan Pat, Mouza Lahla, Tehsil Palampur, District Kangra. The marriage was also consummated and out of the wedlock, one daughter was born. It is averred that the petitioner is serving in veterinary Department as pharmacist and posted at village & post office Kaned, District Kangra since 13.12.2004. After the marriage, the parties lived together happily for about one year and thereafter, the respondent started misbehaving with the petitioner as well as his parents. She was in a habit to leave the matrimonial home to her parental house without the knowledge and consent of the petitioner. She voluntarily came back after 5-6 days. It is also averred that requests of the petitioner fell on the deaf ears of the respondent and she did not change her behaviour, instead of she started quarreling and abusing the petitioner. When the petitioner requested the respondent to live with him at Bharmour, the respondent flatly refused by saying that she is not interested to live with him. The respondent left the matrimonial home without informing the petitioner as well as his parents, about six months prior to the filing of petition. When the respondent did not come back after 5-6 days, then the petitioner had gone to his in-laws' house in order to bring back the respondent in the matrimonial home but she flatly refused to accompany the petitioner. It is also averred that when the respondent was living in the matrimonial home she expressed her intention to live separately and also demanded Rs. 500/- from him as personal expenses. Upon this, the petitioner arranged the separate accommodation and started giving Rs.500/- per month to her. Apart from this the petitioner also pleaded about the facts that the respondent lodged a false and frivolous complaint against him in womencell at Dharamshala and the matter was also reported to women-commission, Shimla, who called the petitioner at various places. It is the case of the petitioner that due to cruel behaviour of the respondent, the petitioner has lost his mental peace and prayed that his married with respondent my kindly be dissolved by way of decree of divorce.

(3.) The petition for divorce instituted by the petitioner/appellant herein before the learned District Judge, concerned stood contested by the respondent herein by hers instituting reply thereto wherein she controverted all the allegations constituted against him in the apposite petition by the appellant herein in the petition.