BASANT KUMAR JHA Vs. MITHLESH JHA

JUDGEMENT

(1.) The present misc. appeal is filed by appellant-husband assailing the judgment and decree dated 29.01.2005 passed by ld. Family Court, Ajmer, wherein the application filed by the husband under Section 13(1) of the Hindu Marriage Act seeking decree of divorce on the ground of cruelty, has been dismissed.

(2.) The facts in nutshell are that the appellant-husband filed a petition under Section 13 of the Hindu Marriage Act for dissolution (2 of 10) [CMA-790/2005] of marriage on the ground of cruelty wherein it was averred that he was married to respondent on 02.12.1988 at Ajmer as per Hindu rites and out of the said wedlock, two children (one son and one daughter who were aged 11 and 7 years at the time of filing application) were born.

(3.) The appellant pleaded in his application that for sometime, the wife behaved normally but on being appointed as Senior Teacher in Government service, her behaviour changed. She started quarreling with parents of the appellant 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 appellant. On 09.05.2001, she left the matrimonial home along with her clothes and ornaments after insulting the mother of the appellant while the appellant was out. She also retained both the children with her and thereafter, she never returned. The appellant tried to persuade her but it was of no consequence. Ultimately, the appellant got a notice dt. 14.05.2001 served on her through his counsel asking her come back and to restore the matrimonial bond. The respondent sent a reply making wild allegations against the husband and his parents and also refused to join the husband. Thus, the appellant had to file the application for a decree of dissolution of marriage on the ground of cruelty against the wife.