Jasbir Singh, J. - (1.) THIS appeal has been filed by the husband, whose application filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the Respondent, was dismissed on May 22, 2010.
(2.) HEARD counsel for the parties. As per facts on record, marriage of the appellant with the respondent was solemnised on February 21, 1992. The couple was blessed with a son on June 12, 1993. As per allegations of the appellant, due to strained relations, respondent left his house on September 22, 1994, and came back on March 5, 1995. At the time of her return, she was carrying a pregnancy and gave birth to a daughter on July 6, 1995. The appellant disowned the child and took a stand that she may have got the pregnancy from somebody else. It was further stated that the respondent is a hot tempered lady and soon after the marriage, she started treating the Petitioner with cruelty. She had filed a complaint on March 3, 1995, against the appellant and his parents to the Senior Superintendent of Police, Gurgaon. On intervention of the police, she was taken back in the family on March 5, 1995. It is further case of the appellant that after re -joining the family, she again started quarreling with the appellant and his mother and again left the matrimonial house without his consent. She again filed a false complaint against the petitioner and his family members regarding demand of dowry. Again she came back and stayed with the family and finally left the matrimonial house on August 28, 2004. It was specific case of the appellant that the respondent had illicit relations with one Sanjay Kumar Arora and that on the first night of marriage, she did not permit him to have physical relations with her. It was further stated that on account of cruelty at the hands of the respondent, his health has deteriorated.
(3.) UPON notice, written -statement was filed by the respondent. It was stated by her therein that on account of concealment of material facts, no relief be granted to the appellant. She reiterated allegations of demand of dowry and cruelty to her at the hands of the appellant and his family members. Many instances of committing cruelty were mentioned in the written -statement stating that the appellant had been beating the respondent under the influence of liquor. Allegation of adultery was denied. The trial Court, on appraisal of pleadings of the parties, put them to trial. Both the parties led evidence and the Court below formulated the following points for its adjudication: 1. Whether the petitioner is entitled for the decree of divorce on the ground mentioned in the petition? OPP 2. Whether the petitioner is not entitled to decree of divorce on account of his own act and conduct? OPR;