ASHOK KAUSHIK Vs. SUNITA KAUSHIK

JUDGEMENT

(1.) The instant appeal has been preferred by the husband-Ashok Kaushik, impugning the judgment and decree dated 11th February, 2015, passed by the Ld. Addl. District Judge, Chandigarh (hereinafter referred to as 'Ld. Court below '), vide which the petition filed by him, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act ') for dissolution of his marriage with the respondent-wife/Sunita Kaushik, was dismissed.

(2.) A few facts necessary for adjudication of the instant appeal, as pleaded in the petition filed by the appellant-husband (petitioner therein) before the Ld. Court below, may be noticed.

(3.) The marriage between the parties was solemnized on 29th November, 1991, according to Hindu rites and rituals at Chandigarh. One son was born out of the said wedlock on 06th August, 1993. The behaviour of the respondent-wife seemed abnormal and therefore, the appellant- husband requested her to get herself medically examined for any mental abnormalities, but she flatly refused to undergo any medical test. In November, 1994, she left her matrimonial home leaving behind her 15 months old son as well. She did not bother to meet the child even once. The child was then brought up by the husband and his family. Despite earnest and repeated efforts made by the husband to bring her back to the matrimonial home, she refused to join his company. During this period of separation, the father of the wife filed a complaint vide DDR No. 21, dated 21st February, 1997 at Chandigarh, levelling false allegations against the husband. The matter was got settled only after the husband gave in writing that he would not visit her house again. When the husband shifted to his own house in Panchkula in June, 2009, the brother of the wife left her at the gate of the matrimonial home. The husband accepted her back and provided her with all the amenities on the first floor of the house including an independent kitchen and other routine expenses. The wife would remain aloof and would not interact with the husband and his family including her own son. On 06th November, 2011, the parents and brothers of the wife entered the house around 4:30 AM and physically assaulted him as a result of which, the husband sustained multiple injuries. When the police arrived at the spot, the wife instead filed a complaint that the husband had tried to set her on fire by forcibly entering into her room. The allegations were subsequently found to be false. Further, she would level allegations that the husband had illicit relations with another woman and a child too had been born to the woman out of the loins of the husband.