R.L.ANAND, J. - (1.) RECONCILIATION efforts made but not succeeded.
(2.) THIS is a husband's appeal and has been directed against the judgment and decree dated 25.10.1999, passed by the Court of Additional District Judge, Kaithal, who, dismissed the petition under Section 13 of the Hindu Marriage Act filed by Shri Ram Chander against his wife Anguri Devi. It has been inter alia pleaded by the appellant that his marriage with the respondent took place on 6.3.1968. The parties to the marriage co-habited with each other and a female child was born in the year 1983 i.e. after 15 years of the marriage. It is the common case of the parties that they co- habited with each other as husband and wife for 18 years. The petitioner is seeking the divorce by alleging that the behaviour of the respondent became disrespectful, non-co-operative, rude and offensive. Since the solemnisation of the marriage, she used to treat the petitioner with cruelty and she also used to hurl abuses. Respondent was in the habit of leaving the matrimonial home without the consent of the appellant and against his wishes. After 18 years of the marriage, respondent left the matrimonial home with the minor child. She filed a petition under Section 125 Criminal Procedure Code She further filed a criminal case under Sections 406/498-A I.P.C. in the year 1994 against the petitioner and his family members and all these acts committed on the part of the respondent are the acts of cruelty. It was further pleaded by the petitioner-appellant that he filed a petition under Section 9 of the Hindu Marriage Act for the restitution of the conjugal rights and for the custody of the minor child. A compromise took place between the parties and as a result of that, respondent again started residing in the house of the appellant but after some period the behaviour of the respondent became cruel and she used to give the threats that she would commit suicide or that she would given poison to the family members of the appellant. Once, during the harvesting season of wheat in the year 1998, a packet of pesticides was recovered from the possession of the respondent and when the petitioner sought the explanation from the respondent, she could not give any proper explanation. She left the house along with minor child and while leaving the house she took the jewellery articles worth Rs. 12,000/-. So much so, respondent also filed a civil suit against the petitioner in the month September 1998 without any rhyme or reason.
(3.) WITH these broad allegations, the petitioner-appellant has prayed that he should be granted a decree of divorce on the ground of cruelty and desertion.;