J.V. Gupta, J. - (1.) This appeal is directed against the judgment of Additional District Judge, Gurgaon, whereby petition under Sec. 13 of the Hindu Marriage Act for granting divorce filed on behalf of the husband-respondent has been accepted and a decree for divorce in his favour has been passed.
(2.) The husband-respondent filed an application under section 13 of the Hindu Marriage Act for granting a decree of divorce on the ground that his wife has after the solemnization of the marriage treated him with cruelty. The marriage between the parties was solemnized on 25th April, 1969 and out of that wed lock a son was born in the year 1972. According ding to the allegations of the husband, after the solemnization of the marriage between the parties, the treatment of the wife towards him has been cruel inasmuch as she always adopted disrespectful attitude and misbehaviour towards him. She used foul, filthy and abusive language towards him in the presence of his parents and other persons. She also did not pursue her domestic affairs and during all this time she used to pick up quarrels with her in-laws without any reason or cause. She used to leave the house without the permission and knowledge of the husband on various occasions. She has always been insisting upon the husband to live separately from his parents which the husband could not afford, due to old age of his parents and being their only son. That when the husband-respondent refused to live separately from his parents or to connive at or to submit to the wish of his wife she became more furious and put the husband to disgrace instead of improving her conduct and attitude and thus the wife according to the husband is a quarrelsome, ill mannered and a cruel lady. Her behaviour and attitude has always been injurious to his health and welfare. The insult hurled by the wife at him and his parents has been of such a grave order as to imperil the mental happiness and reputation, and this conduct of the wife according to the husband amounts to cruelty affecting his mental peace making him unable to perform his official duty properly. It was further alleged that the conduct of the wife also caused reasonable apprehension in the mind of the husband and further living with her would be mental torture. The husband has been tolerating all this conduct of the wife but it became unbearable for him when his wife did not come to condole the death of his father who had died on 9th Sept. 1979. Consequently, the petition for divorce was filed on 24th Sept., 1979. However, it was also alleged that the wife left the house on 30th April, 1979. While going away, she took away with her ornaments causing heavy financial loss to him and his parents.
(3.) The petition was contested on behalf of the wife-appellant. She denied the allegations of her bad conduct and cruelty towards her husband of his parents, as alleged. She stated that she has always been serving the husband and her in-laws and never used any filthy and improper language and she never picked up quarrel with her in-laws or with her husband. According to her the real bane of contention is that the husband is in the habit of taking liquor and she used to request him to give up this habit but he used to take it ill and rebuke her. In spite of that she kept on requesting him with folded hands to desist from taking liquor in order to maintain the respect of the family. Ultimately according to her on 2nd May, 1979, the husband gave heating to her and turned her out of the house and threatened that in case she returned back she would be killed. On this unfortunate occasion the husband snatched all her ornaments and clothes and also did not allow her son of 7 years to go with her. So when she was thus compelled to leave the house of her husband she came to Jaipur to his brother's house and since then she is residing with her brother under compulsion. It was pleaded that the wife was never informed about the death of her father-in-law and so she could not pay a visit. On these pleadings of the parties, the trial Court framed the following issues : 1. Whether the petitioner is entitled to the decree of divorce on the grounds alleged in the petition ? 2. Relief.;