RAMESH KUMAR SHARAMA Vs. AKASH SHARMA

JUDGEMENT

(1.) THIS is the husband's appeal against the judgment and decree of the learned District Judge, dismissing the petition instituted by the husband against the wife on the ground of divorce under Section 13 (1) (a) and (b) of the Hindu Marriage Act, 1955, (hereinafter referred to as the 'act' ).

(2.) THE parties were married on 1st march, 1979 at Pathankot. A male child was born to them on 27-2-1982. The appellant alleges that they lived together for 1 1/2 years and the respondent has withdrawn from the company of the appellant without any lawful excuse. She used to quarrel constantly and has not joined his company on the pretext that the appellant is having illicit sexual relations with his sister-in-law (Bhabhi) Smt. Sushma, which allegations have not been substantiated by her. His further allegation is that in 1981 when he was employed and posted at Indora the respondent, used to visit his office and the residences of his superior officers using abusive language againsl him, humiliated him in the presence of his colleagues and superior officers. All these ads caused mental cruelty to the appellant. The respondent had filed two divorce petitions. These were compromised in the fervent hope that the respondent would live normally, but even after that, there was no improvement in her behaviour.

(3.) THE respondent contested the petition by alleging that the appellant had turned her out from the matrimonial home without any lawful excuse and that she was maltreated by him. A categoric allegation was made that the appellant is having illicit sexual relations with his 'bhabhi and in consideration, he had transferred the entire ancestral land falling to his share in favour of his brother Ramesh Kumar which deprived their son rohit of his right of inheritance. After considering the evidence which was led by the parties, the petition was dismissed by the learned District Judge only on the ground that prior to the filing of the present petition, another divorce petition had been instituted on similar allegations, which petition was dismissed by this Court. He holds that the petition was filed on the same grounds as pleaded in this petition and that the High Court had rejected his prayer for divorce.