- (1.)THIS is husband's appeal against dismissal of his petition for divorce under Section 13 of the Hindu Marriage Act (Act for short ). Ground taken had been that of cruelty under Section 13 (1) (B) of the Act which the Trial Court did not find proved.
(2.)PARTIES were married on 13. 12. 1984. Appellant-husband is employed in the Bank of India. Respondent-wife is employed in the Punjab National Bank. They have a male issue named Ankit born on 10. 6. 1988. He has been living with the respondent throughout.
(3.)TO prove that living together has become impossible for the appellant has alleged following specific instances:
(a) Since after 3 or 4 months of the marriage respondent started misbehaving with the parents and brothers of the appellant She used to threaten to commit suicide. She used to insist that the appellant should live in a rented house near the house of her parents whereupon the appellant was compelled to take a house in Bhagwan Colony in June, 1989 situated near the house of parents of the respondent.

(b) In the second week of November, 1989 respondent started alleging that the appellant is a "badchalan and Awara" person and that he had illicit relations with other women and does not give money for household expenses and does not cooperate in household work which caused mental agony to the appellant. S. P. Azad and Audit Officer mediated between the parties.

(c) In first week of August, 1990 respondent again quarrelled with the appellant and alleged unchastity and vagrancy. Both the brothers and parents of respondent approached the parents of appellant who mediated and pacified the respondent.

(d) Respondent refused to cohabit and have sexual intercourse with her since August, 1990 and started sleeping in the separate room. On insistence she would threaten to commit suicide. (e) Respondent purchased house No. BH 255 in Deen Dayal Nagar from Housing Board for Rs. 2. 55 lakhs for which she extracted Rs. 40,000/-from the appellant. Appellant took a loan of Rs. 20,000/- from his father and arranged for Rs. 20,000/- from his savings. This house was let out by the respondent without the consent of the appellant.

(f) In July, 1994 the respondent insisted for purchase of a car. Appellant had to raise loan from the Bank. Monthly instalment was Rs. 4,000/ -. His salary was Rs. 5,000/ -. Respondent had promised that she would also bear the household expenses, but she did not fulfil such promise. Appellant used to borrow money from his father and bear the household expenses out of the salary received by him after deduction of instalment of the motor car. The respondent publicised amongst the relatives and family members that the appellant was neglecting his family.

(g) On 27. 4. 1995 respondent applied for tape recording the telephone calls doubting the character of the appellant which caused great mental agony to him. (h) On 3. 6. 1995 relatives of respondent i. e. , her sister, daughter of sister assaulted the appellant causing hurt to him whereby he was compelled to leave the house on his scooter in the clothes worn by him to the house of his brother. In the same night at about 10. 30 p. m. respondent and her brother reached there and threatened the appellant. All valuables and cash Rs. 5,000/- have been kept by the respondent. Her ornaments are not returned despite demand by the appellant. The appellant had tried to take away his son also but he was not allowed to do so by the respondent and others present there. (i) On 12. 4. 1996 the father of respondent died at the house where respondent was residing. At that time appellant was posted at Jagdalpur. He came to Gwalior and visited the house of respondent to condole but the respondent did not speak to him and on his attempt to speak to her she used disgraceful language.