- (1.) The appellant-husband has been non-suited to seek a decree of divorce against the respondent-wife of the ground of cruelty and desertion Hence, this appeal.
(2.) The primary allegations made by him in the petition under section 3 of the Hindu Marriage Act, 1955 (for short, the Act) were (i) - the respondent was coaxing anal coercing the appellant to live away from his widowed mother and young sister aged about 20 years; (ii) he should transfer his entire property in the naive of the respondent; and (iii) the respondent had made his life virtually hell by resorting to affronts, insinuations and violent out bursts of temper. On May 25, 1977 the respondent called her father and some of his muscle men and created an unusual and unprecedented scene by hurling abuses and administering threats to the appellant, his mother and sister and he was beaten and manhandled. His mother and sister were also belaboured.
(3.) As against this, the case set up by the respondent was that actually she was teased and tortured for bringing less dowry to her matrimonial home and on that account ultimately was turned out of the house. She further expressed her desire to live with tie appellant as his wife. The lower Court put the parties to trial on the following two issues : "1. Whether the respondent was guilty of cruelty towards the petitioner as alleged in the petition ? 2. Whether the respondent-wife has deserted the petitioner as alleged in the petition for a continuous period of two years or more before the institution on the petition ?";