R.L.ANAND, J. - (1.) THIS is an appeal and has been directed against the judgment and decree dated 26.4.2000 passed by the Court of learned District Judge, Jalandhar, who dismissed the petition under Section 13 of the Hindu Marriage Act filed by Shri Ram Dass husband against his wife Smt. Kusam for the dissolution of the marriage.
(2.) THE case set up by the petitioner-appellant before the trial Court and before the High Court is that the marriage between the parties was solemnised on 10.6.1993 at Jalandhar. The parties lived in Jalandhar after the marriage as husband and wife. They co-habited with each and out of this wedlock a female child by the name of Palak was born on 27.5.1994. It is alleged by the appellant that right from the very beginning the behaviour of the respondent was not respectful to him and his family members. She used to insult him without any sufficient cause. Respondent used to tell him that he was not as per her status and his family was also not up to status of the family of the respondent. Respondent used to make taunts by saying that the family of the petitioner-appellant was uneducated and its standard of living is very poor. The respondent compelled the petitioner to have a separate house or he should start living in the parental house of respondent as Ghar Jamai. The petitioner-appellant is unable to live separately from his helpless widow mother and his brother whose wife had died leaving a minor female child upon which the respondent became angry. Respondent used to lose temper when the appellant used to take care of the child of this brother. Respondent was in the habit of not attending the domestic duties. She refused to prepare tea and meals etc. for the petitioner and his relatives. She used to shirk work. Then on 13.1.1996, the respondent left the house with all valuable clothes and jewellery. She also took away with her the minor child. On 6.5.1996 the respondent with two unknown persons came to the house of the petitioner and on the asking of the respondent those two unknown persons gave beating to the petitioner and then ran away. On 8.5.1996, the mother of the petitioner arranged a Panchayat and the petitioner and the other members of the Panchayat went to the house of the parents of the respondent and made a request for the rehabilitation of the respondent but the respondent and her parents insulted the petitioner and the other members of the Panchayat. With these allegations the appellant has prayed that a decree of divorce on the ground of cruelty by filing the petition which was instituted in the trial Court on 6.9.1996. Notice of the petition was given to the respondent who filed the written statement and denied the allegations. According to respondent she gave birth to a female child on 27.5.1994 but the child was born when the petitioner has turned out the respondent from the matrimonial home and all the expenses of that child were borne out by the parents of the respondent. The respondent denied that she ever insulted the petitioner or his family members or had ever said that petitioner and his family was not of the status or that she was educated or that family of the petitioner was uneducated. She pleaded that she always treated the petitioner and his family members with love and affection. Respondent denied that she had left the house on 13.1.1996. She also denied that any occurrence took place on 6.5.1996. It was pleaded that this was quite false and concocted story. According to the respondent she was physically and mentally tortured on account of the demand of more dowry. After the marriage she was harassed and humiliated. She was not provided with food. Her jewellery and clothes were snatched by the appellant and his family members. They made a demand of VCR and cash. In this situation respondent was compelled to leave the house by stating that she could come back only if the demand is fulfilled. On her refusal she was turned out when she was at the advance stage of pRegulation ncy. The petitioner never came to enquire about the welfare of the respondent and her newly born child. He never came to take away the child. With the intervation of the respectables, she was rehabilitated in the house of the petitioner in November 1994. The wife of the brother of the petitioner-appellant died on account of the burn injuries for which a criminal case was registered against the petitioner and his family members. The respondent was being threatened that if she did not fulfil the demand then she would also meet with the same fate. She was turned out on 13.1.1996. All the jewellery articles were retained by the appellant and his family members and in spite of the various requests the appellant did not rehabilitate the respondent. With this defence, the respondent prayed for the dismissal of the petition under Section 13 of the Hindu Marriage Act.
(3.) THE petitioner filed a replication to the written statement of the respondent in the trial court in which he reiterated his allegations made in the petition by denying those of the written reply and from the pleadings of the parties the trial court framed the following issues :- 1. Whether respondent treated the petitioner with cruelty as pleaded in the petition ? OPA 2. Relief. ;