SHYAM LAL Vs. MATHURA DEVI

JUDGEMENT

(1.) THIS appeal has been preferred by the husband against the judgment of the Learned District Judge, Kinnaur, dismissing the petition preferred by him under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act ' ) declining a decree for divorce, as prayed for, by the appellant herein, on the grounds of cruelty, both mental and physical to which he pleaded that he was subjected to by his wife, who is the respondent herein.

(2.) THE parties to this appeal were married in April, 1989 at village Nor, Tehsil Nirmand, District Kullu, according to Hindu rites and custom prevailing in the particular area. It is pleaded that after the marriage, they lived as husband and wife in village Kandi in Rampur and out of the wedlock, two children, i.e. one daughter and one son, were born. On the date when the petition was filed which is 1.7.2004 the son was aged about 9 years and daughter 12 years.

(3.) IN support of the allegations, the appellant appeared as PW1 as his own witness and produced one Shri Pawan Kumar PW2, who looked after him when he was admitted after the accident in the 26/5/2014 Page hospital at Shimla. He Sanatorium 51 reiterated the allegations made by him in the appeal and has stated that the respondent used to browbeat him, insult him and subject him to filthy abuse. She maltreated the appellant 'smother and sister whom she turned out of the house. She has left the matrimonial home and was not interested in joining his company or to discharge her obligations as a wife.