RAJ KUMAR RANA Vs. RITA RATHORE

JUDGEMENT

(1.) THE appellant -husband has filed the present appeal assailing the judgment and decree dated 2.1.2003 passed by the District Judge, Solan, H.P. in HM Petition No. 14 -S/3 of 2000 titled as Raj Kumar Rana v. Smt. Rita Rathore, dismissing the husbands petition filed under Section 13 of the Hindu Marriage Act on the ground of cruelty and desertion. The appellant is the petitioner -husband and the wife is the respondent and are referred to as such hereinafter.

(2.) MARRIAGE between the parties was solemnized on 10.5.1997 at Village Kawala, P.O. Dubloo, Tehsil and District Shimla, as per the Hindu rites and customs. From the wedlock a child was born in June, 1998 at Rampur, H.P. It is the husbands case that after the solemnization of the marriage in the year 1997, through his efforts he got his wife transferred to the place of his posting at Solan, but, however, instead of joining there she managed her posting at Rampur and continued to stay at her parental house. Even subsequently efforts of getting her to work and stay at Solan were scuttled by her. She, however, used to visit Solan, where they lastly resided as husband and wife till February, 1998. All his efforts to bring her back to the place of his posting and permanently reside with him were scuttled by her. Finally, having realized that the marriage was not workable, he suggested divorce by mutual consent for which she demanded Rs. 10 lacs. That she had deserted him which was evident from the fact that she had taken her entire jewellery and failed to perform her matrimonial obligations, and as such a decree of divorce was sought.

(3.) BASED on the pleadings of the parties, the Court below framed the following issues : -