BABU RAM Vs. KANTA DEVI

JUDGEMENT

(1.) Alleging cruelty and desertion the appellant herein filed an application under S.13 of the Hindu Marriage Act for the dissolution of the marriage between the parties by a decree of divorce. The trial court dismissed the petition vide the order impugned in this appeal by holding that petition herein has completely failed to prove his case projected in the petition filed.

(2.) The facts of the present appeal are that the marriage between the parties was solemnized in the month of June, 1967 and out of wedlock one male child was born in the month of Nov. 1969. It was alleged by the husband-appellant that the conduct and behaviour of the respondent with him after the marriage was neither good nor proper or affectionate and she wanted money and monetary gains for her parents from him. The petitioner submitted that he was posted at Udhampur and had kept the respondent-wife at Sumelpur along with his parents where she is alleged to have mal-treated with the parents of the appellant. It is further alleged that respondent used to disobey whatever his parents used to tell her to do. She used to slip away from the house without the consent of his parents. The respondent-wife at times threatened the appellant and his parents. It was submitted that it was not possible for the parties to live together any more.

(3.) In the objections filed by the respondent it was submitted that her conduct towards the petitioner and all his family members was extremely cordial, affectionate and good. Even though the petitioner had not shown much affection for her and had exhibited an indifferent attitude towards respondent, she as a pious Hindu lady served the petitioner and his parents in the best possible manner and showered all her love and affection on the petitioner. The respondent continued to live in the house of the petitioner with the hope that he may improve his conduct and behaviour but all in vain. The respondent had denied of being cruel to the petitioner or having deserted him.