MANSINGH Vs. SANTOSH

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dated 18.10.2000 passed by the Addl. District & Sessions Judge No.1, Alwar (hereinafter referred to as 'the court be low) in Civil Misc. Suit No. 17/97, whereby the court below has dismissed the application filed by the appellant-applicant seeking divorce under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act').

(2.) In the instant case it appears that the appellant applicant had filed the divorce petition before the court below on the ground that the respondent had subjected him to cruelty by threatening him to leave the matrimonial home without any reason and by threatening him to falsely implicate him in the criminal case for demand of dowry. The said petition was resisted by the respondent by filing the reply denying the allegations. The court below had framed three issues from the pleadings of the parties and after appreciating the evidence on the record had dismissed the application of the appellant-applicant by the impugned judgment and decree.

(3.) It is submitted by the learned counsel Mr. Rajesh Moondia for the appellant that the court below has misappreciated the evidence on record inasmuch as though the witnesses examined by the appellant-applicant had stated about the cruelty committed by the respondent on the appellant by giving instances, the court below had not believed the same.