ANIL KUMAR Vs. PRIYANKA DEVI

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, "the Act") by Anil Kumar appellant assails the judgment and decree dated 05.12.2013 passed by the learned District Judge, Hoshiarpur vide which H.M. Act Case No.157 dated 27.09.2012 filed by him was dismissed.

(2.) The relevant facts which need to be recaptulated are as under: Appellant-Anil Kumar was married to respondent-Priyanka Devi on 01.07.2007 according to Hindu rites and ceremonies at Laxmi Narayan Mandir, Talwara. They cohabited as husband and wife but no child was born out of the wedlock. The appellant pleaded that their matrimonial life remained normal till October, 2007 though at times there used to be some bickering and quarrels. The attitude of respondent-Priyanka Devi towards him and his family members was careless and insulting. He kept ignoring all the shortcomings to maintain peace in the family but then day by day her behaviour became more cruel and harsh towards him. She abused him in front of his friends and family members on trivial matters and refused to cook meals etc. for him. Under compulsion he had to go to some Hotel/Dhaba for taking meals. He worked as a casual labourer and handed over his entire monthly income to her for domestic expenditure and also treated her with love and dignity but she was not satisfied and always used abusive and harsh language towards him. In February, 2008, the respondent started saying that she was fed up of him and wanted to marry some army personnel or some person who was in Government job. Apart from calling him rustic, she often proclaimed that he was impotent. She remained busy in telephonic conversation with some male friends and when he objected she shouted on him and threatened to commit suicide to put him and his family members behind the bars. His marital life was totally shattered.

(3.) The respondent contested the petition. In the written statement filed by her preliminary objections with regard to maintainability of the petition; concealment of true and material facts by the appellant etc. were raised. She pleaded that appellant himself was guilty of cruelty and desertion and could not be allowed to take advantage of his own wrongs. She is a "Rajput" by caste and prior to marriage the appellant represented to her that he was a "Brahmin", whereas he was actually "Adharmi" by caste. They had a love affair and after lot of persuasion of her parents she was able to marry him. Her parents spent huge amount on the marriage and gave sufficient dowry. After marriage she realized that the appellant had developed love affair with her in a clandestine manner by hatching conspiracy for satisfying his ego to marry a girl of upper caste. He started assaulting her physically and also levelled allegation on her character. Because she had herself pressurized her parents for the nuptial tie, she kept bearing the atrocities of the appellant, his mother and brother hoping that some day better sense might prevail on them.