RAJ PAL Vs. SMT. SUKHBIR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the Additional District Judge, Faridabad, whereby the petition filed on behalf of the Appellant -husband under Section 13 of the Hindu Marriage Act, for the dissolution of the marriage by a decree of divorce was dismissed.

(2.) THE marriage between the parties was solemnised in the year 1973. However, the muklawa ceremony took place in the year 1978. In the year 1981, a son was born out of the wedlock. The parties separated in the year 1982. The husband filed the petition, that after the marriage, the wife resided with him at the matrimonial home for 3 or 4 days. Thereafter she was taken to the parental home as per the custom. She returned therefrom after five years. They lived amicably for about a month. Thereafter, she misbehaved with his family members. She used to leave the matrimonial home unannounced. She did not listen to his entreaties and his family members to see reason. She picked up quarrel with him and his family members even on flimsy pretexts. Whenever she was asked to attend the household chores, she would hurl abuses and she would not even spare his mother and sister -in -law. It was also pleaded that her eldest sister was married to his brother. They also tried to persuade her to desist from these activities, but she did not agree. Even after the male child was born in the year 1981, she did not improve her behaviour. She on her own, left for the agricultural farm of the joint family at Mohna and stayed there with her sister who is married to his brother. According to his husband, the wife had treated him with cruelty and had withdrawn from has matrimonial home without any reasonable cause. In the written statement, the wife denied the said allegations in toto and alleged that it was the Husband who had treated her with cruelty and had turned her out of the matrimonial home along with her minor child as he was inclined to carry on with a Sikh girl. It was alleged that he husband was inclined to enter into marriage with another girl and the wife had to restrain that marriage by filing a civil suit in the civil Court According to the wife, the boot was on the other leg inasmuch as it was the husband who, along with the members of his family, had made her life hell as they were not satisfied with the dowry brought by her. On the pleadings of the parties, the trial Court framed the following issues:

(3.) RELIEF .