BUDH RAM Vs. SMT. SUDESH BALA

JUDGEMENT

(1.) Instant civil miscellaneous appeal has been filed under Sec. 28 of the Hindu Marriage Act, 1955 against judgment dt. 06.11.1999 passed by the District Judge, Sriganganagar, whereby, the application filed by the appellant under Sec. 13 the Hindu Marriage Act, 1955 for divorce was dismissed.

(2.) Brief facts of the case are that marriage of the appellant was solemnized with the respondent on 07.04.1984 and, out of said wedlock, two daughters and one son were born. The appellant filed an application under Sec 13 of the Hindu Marriage Act on 09.04.1992 before the District Judge, Sriganganagar, in which , it is pleaded that soon after the marriage behaviour of respondent wife towards appellant husband become harsh and cruel and she used to quarrel with the appellant and his parents. The respondent always cast unnecessary doubts upon the behaviour of the appellant and made false allegations that appellant is having physical relations with other women including wives of his friends and other family members of his known families. In the application, it is submitted that she instigated husband of one Smt. Indubala to file a case of abduction , in which, the police not only tortured him but also took forcibly some photographs with Indubala, therefore, from the facts, it is clear that respondent committed cruelty upon the appellant.

(3.) In the application, it is specifically mentioned that respondent is not residing with the applicant for last two and a half years and inspite of repeated requests she refused to live in the company of the appellant. As per the applicant -appellant, on the one hand the respondent was not willing to reside with the applicant and, on the other hand, she filed an application for interim maintenance. That application was pending when the divorce petition was filed.