Navita Singh, J. - (1.) THIS appeal is preferred against the judgment and decree dated 31.10.2002 passed by the then District Judge, Jind, whereby the petition filed by the appellant under Section 13 of the Hindu Marriage Act, (hereinafter called the Act), was dismissed.
(2.) THE facts of the case, put briefly, are that marriage between the parties was solemnized on 1.5.1987 at Hansi according to Hindu rites and ceremonies. The parties cohabited at Jind and one female child, Sweety, was born on 10.8.1988. The respondent has always been under the influence of her mother, who is a widow. The behaviour of the respondent towards appellant was never cordial. She was B.A. B.Ed and employed as a teacher at Tosham at the time of marriage. She refused to get herself transferred to Jind without any explainable reason. The appellant took a house on rent at Tosham though he was employed at District Courts in Jind. The interference of the mother of the respondent did not cease and it became impossible for the appellant to live in Tosham and he shifted back to Jind. On 1.7.1988, mother of the respondent took her to Hansi, who carried her jewellery etc. and thereafter the respondent did not return. Even the child was born at Hansi. She refused to join the company of the appellant despite requests and he ultimately filed a petition under Section 9 of the Act on 12.9.1988, which was dismissed as withdrawn on 19.4.1990 on the basis of compromise. The respondent returned to the matrimonial home, but just after two days, she left again for Hansi and deserted the appellant. He then filed a petition under Section 13 of the Act, which was compromised with the efforts of the then District Judge, Jind on 22.8.1996 and the statements of the parties were recorded. The appellant took a separate house in Jind, which was away from the house of the parents of the appellant and requested the respondent to get herself transferred to Jind but she did not do so. Learned District & Sessions Judge had even written a letter to Financial Commissioner and Secretary to Government of Haryana, Education Department, regarding transfer of the respondent to Jind but the latter stalled the procedure in that regard. The appellant lived with the child at Jind and attended to her and the household chores. During the brief stay of the respondent in Jind after the compromise dated 22.8.1996, she became pregnant, but she said that her pregnancy was hurdle in her freedom and did not give birth to her child.
(3.) IN January 1997, Sweety, daughter of the parties, told the appellant that her mother along with her had gone to a Pandit in Jind asking for some device to control her husband so that he would dance to her tune and the Pandit asked her to pay an amount of Rs.150/ - for that purpose.;