NAVAL KISHORE Vs. GULAB

JUDGEMENT

(1.) THE challenge in the appeal No. 648/1999 is to the judgment and decree dated 8. 2. 1999, passed by the Judge, Family Court No. 1 Jaipur whereby the suit instituted by the appellant (for short the "husband") under Section 13 (1) (a) of the Hindu Marriage Act 1955 was dismissed with cost. THE challenge in the other Appeal No. 2118/2001 is to the judgment and decree dated 29. 8. 2001 passed by the Judge, Family Court Ajmer, Rajasthan whereby the suit instituted by the respondent (for short `the wife') under Section 18 of the Hindu Adoption and Maintenance Act was decreed and the appellant (for short `the husband) was directed to pay Rs. 2000/- per month by way of maintenance. THE aforesaid two appeals were heard together and therefore, these two appeals are being disposed of by a common judgment.

(2.) THE brief facts of Appeal No. 648/1999 are that the husband, appellant herein, filed a suit against the wife with the averment that he was married with the wife Smt. Gulab on 1. 7. 1990. Out of their wedlock, two girls were borne. But since their relation- ship were not cordial, divorce proceedings were initiated by her husband on the ground of cruelty that the wife used to misbehave with the old aged mother of the husband. It was further alleged that the wife treated the husband with cruelty by threatening with dire consequences and she even threatened to commit suicide if the husband failed to live separately with the wife by leaving apart his mother. It was also alleged by him that the wife left the husband on 27. 6. 1993 and went to Ajmer from Jaipur and thereby denied him with the marital benefits.

(3.) CONSEQUENTLY, this appeal is liable to be dismissed being devoid of any merit.