- (1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, "the Act") by Anil Kumar appellant assails the judgment and decree dated 05.12.2013 passed by the learned District Judge, Hoshiarpur vide which H.M. Act Case No.157 dated 27.09.2012 filed by him was dismissed.
(2.) The relevant facts which need to be recaptulated are as under: Appellant-Anil Kumar was married to respondent-Priyanka Devi on 01.07.2007 according to Hindu rites and ceremonies at Laxmi Narayan Mandir, Talwara. They cohabited as husband and wife but no child was born out of the wedlock. The appellant pleaded that their matrimonial life remained normal till October, 2007 though at times there used to be some bickering and quarrels. The attitude of respondent-Priyanka Devi towards him and his family members was careless and insulting. He kept ignoring all the shortcomings to maintain peace in the family but then day by day her behaviour became more cruel and harsh towards him. She abused him in front of his friends and family members on trivial matters and refused to cook meals etc. for him. Under compulsion he had to go to some Hotel/Dhaba for taking meals. He worked as a casual labourer and handed over his entire monthly income to her for domestic expenditure and also treated her with love and dignity but she was not satisfied and always used abusive and harsh language towards him. In February, 2008, the respondent started saying that she was fed up of him and wanted to marry some army personnel or some person who was in Government job. Apart from calling him rustic, she often proclaimed that he was impotent. She remained busy in telephonic conversation with some male friends and when he objected she shouted on him and threatened to commit suicide to put him and his family members behind the bars. His marital life was totally shattered. The appellant alleged that on 19.06.2008, in his absence the respondent left her matrimonial home without any reasonable cause and went to her parental house at Talwara. On the very next day he went to bring her back but she flatly refused to return , saying that she was unable to live with him. Alleging that the respondent had treated him with utmost cruelty and had also deserted him without any rhyme or reason for the last more than 4 years and because of her insultive attitude his parents had disowned him vide publication dated 13.05.2009 that appeared Daily Ajit Newspaper and further that it was now difficult for him to live with the respondent, the appellant prayed for a decree of divorce dissolving their marriage.
(3.) The respondent contested the petition. In the written statement filed by her preliminary objections with regard to maintainability of the petition; concealment of true and material facts by the appellant etc. were raised. She pleaded that appellant himself was guilty of cruelty and desertion and could not be allowed to take advantage of his own wrongs. She is a "Rajput" by caste and prior to marriage the appellant represented to her that he was a "Brahmin", whereas he was actually "Adharmi" by caste. They had a love affair and after lot of persuasion of her parents she was able to marry him. Her parents spent huge amount on the marriage and gave sufficient dowry. After marriage she realized that the appellant had developed love affair with her in a clandestine manner by hatching conspiracy for satisfying his ego to marry a girl of upper caste. He started assaulting her physically and also levelled allegation on her character. Because she had herself pressurized her parents for the nuptial tie, she kept bearing the atrocities of the appellant, his mother and brother hoping that some day better sense might prevail on them. The respondent further alleged that the appellant was running a Studio of photographer in the name of Smile Studio, and was earning Rs.32,000/- to 35,000/- per month during peak season, but his over all monthly income in average was Rs.7,000/- to Rs.8,000/- per month. He never paid her required expenses and behaved in a very rude and harsh manner. In June, 2008 she came to her parental home. On the asking of the appellant she agreed to stay there as the appellant assured that he would keep visiting her. The arrangement continued upto January, 2012 but as thereafter the appellant started misbehaving with her and also assaulted her father and brother, she offered to cohabit with him separately in a rented accommodation. In March, 2012 they took a house on rent and lived in the same but the appellant left her alone and deserted her without any rhyme or reason. Submitting that they cohabited together uptill 28.08.2012 and not until June, 2008 as claimed by the appellant and that the appellant was trying to defame her and had himself been guilty of cruelty and desertion, the respondent prayed for dismissal of the petition. On the pleadings of the parties following issues were settled by learned trial court: 1. Whether respondent treated the petitioner with cruelty as alleged. If so, its effect?OPP 2. Whether respondent had deserted petitioner without sufficient cause since from 19.06.2008 as alleged. If so, its effect?OPP 3. Whether petitioner has not approached the court with clean hands. If so, its effect?OPP. 4. Relief. Both the parties adduced evidence in support of their respective contentions.;