SHEKHAR GAUR Vs. SHAIL KANWAR

JUDGEMENT

(1.) THIS civil miscellaneous matrimonial appeal is directed against the judgment and decree dated 24. 5. 2000 passed by the Family Court No. 1, Jaipur in Case No. 408/1998 whereby petition for divorce u/s. 13of the Hindu Marriage Act, 1955 (for short `the Act') filed by the appellant-husband was dismissed with costs of Rs. 1000/ -.

(2.) IN brief the facts giving rise to this appeal are that the appellant husband (for short `the husband') was married to the respondent wife (for short `the wife') on 20. 11. 1989 at Sangaria, District Hanumangarh as per Hindu rites. One female child was born out of their wedlock on 9. 5. 1991. It was averred that the first year of the marriage between the parties passed peacefully. On the wife being pregnant by six months, she was taken to Sangaria by her father for delivery. There she underwent an operation on account of some complications at the time of delivery but no information was given to her in-laws. The information of delivery was also given after 20 days. After 3-4 months when the wife returned with female child, she insisted to go back to her parents house. She was advised to go back along with child. To was advised to go back along with child. To harass the family, she usually started beating her child. On trying to make her understand, one day she left the house at about 9. 00 in the night without information. She went to her friend at Bapu Nagar and from there she went to Bhankrota to the house of her cousin. On search made by the husband, she was found at Bhankrota. Then the father of the wife was called who instead of getting things settled, threatened the husband with dire consequences and took the wife to Sangaria. The efforts were made to bring the wife back as the mother of the husband was heart patient. The wife was brought back with great difficulty. On arrival, she usually expressed her anguish on petty matters. On demand she was advanced Rs. 200/- instead of demand of Rs. 500/- in view of the limited sources of income of the husband but she threw back the money on his face and retorted that the same should be used to stitch his own Coffin cloth. She again went to her parents house but she was again brought back. The wife started threatening by committing suicide and she misbehaved with the mother of the husband. The wife used to bolt the room from inside when the husband returned in the night at about 10 or 10. 30 after taking care of his ailing father. By this, she meant that the husband should stay out or should sleep with his parents. IN fact she wanted that the husband to leave his parents and live separately.

(3.) THE learned Family Court after completing the trial and hearing the submissions from both the sides, decided the aforesaid issues against the husband and dismissed the petition with costs vide judgment and decree dated 24. 5. 2000.