OM PRAKASH Vs. ANITA

JUDGEMENT

(1.) THE petition filed by the appellant husband on the grounds of desertion and cruelty under section 13 of the Hindu Marriage Act,1955 was dismissed by learned Family Court Ajmer vide judgment and decree dated October 21, 2002. Against this finding that the present action for filing the appeal has been resorted to by the appellant husband.

(2.) AS per the facts stated in the petition, marriage between the appellant husband and respondent wife took place on February 15, 1994. Immediately after the marriage the respondent wife treated the appellant husband and his family members cruelly, she never did household work and quarreled with the parents of husband. The respondent wife frequently used to visit her parental house without seeking permission of appellant husband. She used to spend money lavishly and force the appellant husband to reside separately from his old parents. The appellant husband had to take loans to fulfill unlimited desires of respondent wife. The respondent wife had also levelled false allegation of illicit relations of appellant husband with his aunt. The respondent wife also lodged false case under sections 498a and 406 IPC against the appellant husband.

(3.) HAVING carefully gone through the findings arrived at by the learned Family Court we notice that appellant Om Prakash (Aw. 1) categorically deposed that the respondent wife caused mental cruelty to him. According to appellant the respondent did not like to reside in the village atmosphere with appellant. She used to decline to go to the well and the old father of appellant was forced to go to the well to carry water. Learned Family Court did not properly appreciate the evidence of the appellant and observed as under:- *** Evidently learned Family Court did not consider the issue regarding mental cruelty in right perspective. Learned Family Court proceeded to decide the petition mainly on the ground of conviction of the appellant under section 498a IPC. Whereas the said conviction was under challenge in the higher forum. It is no doubt true that the husband cannot take advantage of his own wrongs but the learned Family Court ought to have struck balance between the evidence adduced by the rival parties. Cruelty as a ground of divorce under section 13 (1) (ia) is a conduct of such type that the husband could not reasonably be expected to live with the wife. `desertion' means intentional permanent abandonment of one spouse by other without the other's consent and without reasonable cause.