BIRDHI CHAND CHOUHAN Vs. SANTOSH KACHAWA

JUDGEMENT

(1.) Birdhi Chand, husband, has preferred the instant appeal laying a challenge to a judgment dated 07.03.2000 passed by the learned Judge, Family Court, Ajmer in Civil Petition No.323/1998 dismissing the petition filed by him seeking decree of divorce on ground of cruelty and desertion i.e. Section 13 of the Hindu Marriage Act.

(2.) In the petition Birdhi Chand pleaded that the marriage between the two was solemnised as per Hindu Rites at Ajmer on 27.04.1994. From his previous marriage two sons and a daughter was born to him. His first wife Nakesh Devi died after 10 years of their marriage. During the subsistence of his marriage with the respondent two sons were born on 30.03.1995 and 17.03.1997. He pleaded that attitude of the respondent was hostile towards him and his children and his parents from the day next of the marriage. She used to quarrel with him and his family members on trivial issues and would force him to live separately, requiring him to abandon his parents. Since he refused, the respondent started misbehaving with his family members and would frequently visit her parental house in Ajmer. The matrimonial house was in Pushkar. That on 28.08.1996 his sister Tara Devi came to his house. At that time the respondent became extremely aggressive and started abusing his sister and his parents. In the night the respondent started beating Ashok, his son born from the previous marriage. On 29.08.1996 the respondent attempted to assault Ashok Chouhan using a knife and left the matrimonial house on 29.08.1996. The second child born to the couple on 17.03.1997 was when the respondent was in her parental house. Appellant's brother got married on 18.06.1998. The respondent refused to participate in the marriage ceremony of his brother. Sumitra, younger sister of the respondent was married in May, 1997 and when he went to participate in the marriage ceremony he was insulted.

(3.) The respondent denied the allegations and pleaded that the matrimonial house was in Pushkar. She got employment at JNL Hospital, Ajmer as a Nurse and she would travel from the matrimonial house at Pushkar to Ajmer for work and return. She would not visit her parental house. She pleaded that Nakesh Devi committed suicide due to cruel behaviour of the appellant. As per her appellant's sister used to misguide the appellant. She pleaded that she was carrying a second pregnancy. She was beaten and thrown out of the matrimonial house on 29.08.1996. She was seriously ill after giving birth to second child but neither the appellant nor his family members visited her to enquire about her health. Despite being informed the appellant did not attend the marriage of her younger sister.