PREM CHANDRA Vs. SMT. SANTOSH CHARAN

JUDGEMENT

(1.) THIS is the husband's appeal against the judgment and decree dt. 08.08.1996 passed by the learned District Judge, Dausa in divorce petition No. 1/94 filed by the respondent wife on the ground of cruelty which has been allowed by the learned District Judge and a decree for the dissolution of the marriage has been passed in favour of the respondent wife.

(2.) THE facts in brief are that the marriage of the parties took place on 22.11.1985 and the respondent wife accompanied the appellant to her matrimonial home. As per the averments and the findings of the learned District Judge she resided at the matrimonial home but during this period the behavior of the appellant towards the respondent wife was far from satisfactory and he used to beat her and ill treat her and also that the husband appellant was habitual of drinking and for this purpose he used to often ask his wife for money and when he was not in a position to comply with the aforesaid demands the husband would become aggressive and beat her and treat her with cruelty. It is further alleged by the respondent that whenever the respondent would be unwell he would not get her treated. So much so that while she was with her husband, she fell seriously ill but the appellant did not get her treated and she had to be taken by her father to her parental home for treatment. She remained at her parental home for six months. She was treated at the cost and expenses incurred by her father, for which the husband appellant never contributed nor did the appellant come to inquire about her health. It has further been alleged in the petition by the respondent wife that realising the fact that the appellant who used to run a truck, and his financial position not being sound as the truck itself having been sold she decided to take up employment as a teacher in 1988. She was appointed as a teacher grade -III in government service and was posted at Bundi. It is also the case of the respondent wife that sometimes the appellant used to come to her place of posting at the hostel where the respondent wife used to reside and often misbehaved with her in drunken state as he was all the time in need of money.

(3.) AFTER the wife left the matrimonial home in June 1990 the appellant accompanied by ruttians, it is alleged by the wife, used to still come to her place of posting and would misbehave in a drunken state by abusing the respondent wife in the presence of other staff members and the students and even threaten her. The aforesaid averments are there in the petition filed by the respondent wife in paras 3, 4 and 5.