DES RAJ Vs. NEENA KUMARI

JUDGEMENT

(1.) APPELLANT Des Raj, is aggrieved by the judgement and decree of the learned District Judge, whereby his petition under Section 13 of the Hindu Marriage Act, 1955, which he filed, seeking dissolution of his marriage with respondent Smt. Neena Kumari on the ground of cruelty, stands dismissed. Appellant's grievance is that the learned District Judge has not appreciated the evidence and the law in the right perspective and this has led to the wrong dismissal of his petition.

(2.) APPELLANT filed a petition for the dissolution of his marriage with respondent, pleading that the marriage between him and the respondent had taken place on 15.9.1994. Soon after the marriage, respondent started treating the appellant and other members of her in- law's family with contempt. She often proclaimed that the appellant and all the members of the family were mad, lunatics and needed treatment for lunacy. She also did not do any household work. She would deliberately put excessive salt and chillies in the food, so that she was not again asked to prepare the meals. As a result of the aforesaid behaviour of the respondent, petitioner- appellant filed a petition, under Section 13 of the Hindu Marriage Act, on 15.12.1995, seeking dissolution of the marriage. That petition was compromised. Respondent returned to the matrimonial home and started living with the petitioner. However, a few days thereafter, she again started misbehaving and making false allegations. Two-three months thereafter, she left the matrimonial home and started leaving at Pathankot, where she runs some clinic. The appellant then filed the petition out of which this appeal has arisen, seeking dissolution of the marriage on the ground of cruelty. Following specific acts of cruelty were alleged in the petition:-

(3.) THE District Judge framed the following issues:-