BASANT KUMAR JHA Vs. MITHLESH JHA

JUDGEMENT

(1.) CHALLENGE in the instant appeal is to the judgment and decree dated 29.1.2005 passed by the learned Family Court, Ajmer, whereby the petition filed under Section 13 of the Hindu Marriage Act by the appellant -husband (for short 'the husband') in Case No. 250/2001 seeking divorce from respondent -wife (for short 'the wife') on the ground of cruelty, was dismissed.

(2.) BRIEF facts giving rise to this appeal are that the husband (Basant Kumar Jha) filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage on the ground of cruelty wherein it was averred that he was married to respondent on 2.12.1988 at Ajmer as per Hindu rites. One son aged 11 years and one daughter aged 7 years were born out of their wedlock. For some time, the wife behaved normally but on being appointed as Senior Teacher in Government service, her behaviour changed. She started quarrelling with parents of the husband and also refused to attend daily household work on the pretext of getting tired. Day -by -day her behaviour became more atrocious as she started harassing the parents of the husband. Many a time she had to be persuaded to return to the matrimonial home from her parents. Finally, on 9.5.2001, she left the house of the husband along with her clothes and ornaments after insulting the mother of the husband while the husband was out. She also retained both the children with her and thereafter she never returned. The husband tried to persuade her but it was of no consequence. Ultimately, the husband got a notice dated 14.5.2001 served on her through his Covmsel asking her come back and to restore the matrimonial ties. She made a reply making wild allegations against the husband and his parents and also refused to join the husband. So, the husband had to file this petition for a decree of dissolution of marriage on the ground of cruelty against the wife.

(3.) ON the basis of the pleadings of the parties, the following issues were framed: