KULDEEP SINGH Vs. CHAND RANI

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under S.28 of the Hindu Marriage Act, 1955, against the judgment passed by the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, dated 5.6.2007, dismissing the petition filed by the appellant under S.13 of the Hindu Marriage Act, hereinafter referred to as the Act, for grant of decree of divorce in favour of the appellant / petitioner.

(2.) BRIEF facts of the case are that a petition under S.13 of the Act was filed by the petitioner for grant of decree of divorce. The petitioner alleged that their marriage was performed on 29.11.1983. The parties lived together as husband and wife and a female child was born on 17.11.1984. The petitioner sought the decree of divorce on (he grounds of cruelty and desertion. The facts alleged to substantiate the ground of cruelty were that the respondent started showing disrespect towards the parents of the petitioner and other relatives that the petitioner in the year 1984 got employment in DAV School, Dehra, started living in a rented accommodation near that place and refused to stay in her matrimonial house. The respondent started misbehaving with the petitioner, got a false case registered against the petitioner under S.107/151, Cr. P.C., in which the petitioner was arrested and the proceedings were dropped finally. It was further alleged that the respondent lodged a false complaint against the petitioner under S.498 - A, I.P.C. and the challan was filed in the Court and is pending trial.

(3.) ON the pleadings of the parties, the learned trial Court framed the issues as under : -