- (1.) Assailing the judgment and decree dated 10.09.2012 passed by learned District Judge, Family Court, Hisar dismissing H.M.A. Case No.331 of 2008 filed under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') by Major Ashish Poonia -appellant for dissolution of his marriage with respondent Nilima Poonia- wife, the instant appeal was filed.
(2.) The facts which need elaboration are as under:- Appellant Major Ashish Poonia was married to respondent Nilima Poonia on 12.11.2005 at Hisar according to Hindu rites and ceremonies. They cohabited as husband and wife but no issue was born out of the wedlock. A petition under Section 13 of the Act of 1955 for dissolution of their marriage by way of decree of divorce was filed by the appellant on 29.4.2008 on two grounds (i) he had been treated with cruelty by the respondent-wife and (ii) that he had been deserted by the respondent without any fault on his part.
(3.) The allegations in specific of the appellant were noticed by learned trial Court in para No.9 of the impugned judgment as under:- "i) That since the time of the marriage he discovered that respondent was a hot tampered and spend thrift lady and not prepared herself to adjust in the humble set up of his family and from the very beginning she refused to do the domestic work and used to take up quarrels of petty matters which adversely affected his health. ii) That at the time of marriage, the respondent insisted to give a costly gift in the shape of gold necklace to her younger sister namely Preeti when he came to take her from her house, but in lieu thereof a cash amount of Rs.10,000/- was given by him to Preeti on 13.11.2005. When she was to leave her house alongwith the petitioner her mother told her to take care of her valuables kept in her bag and be careful whereupon she shouted at her mother in front of all present saying that she was in the habit of criticising her all the times on which the petitioner was shocked. iii) That on reaching the house of the petitioner, she refused to climb stairs upto fourth floor saying that she was tired and after waiting the car for about 30 minutes she finally climbed up the stairs with a frown on her face and on reaching the house she refused to take the blessing of the elders. iv) That on reaching Delhi on 13.11.2005, the petitioner suggested the respondent to freshen up and take her clothes for the night and the next day change as they have to stay in a guest room in an Army mess. She also refused to keep her jewellery and cash gifts for safety reason with his mother and after two days when both had to leave for the place of posting of the petitioner, she asked his mother in front of the other relatives, whether the jewellery and the cash were the same which were given to her for keeping in safe custody and then the mother of the petitioner insisted that she should count the cash and check the jewellery which the respondent did with a made up face in presence of the relatives which had lowered down the prestige of the petitioner and his mother. The petitioner after getting ready, asked the petitioner to prepare tea for him which she reluctantly prepared and she remarked that she was not supposed to be doing all this for him in future. v) That the petitioner constrained to take cash from his parents for such unplanned expenses. vi) That on reaching Panchkula in the evening of 17.11.2005, the respondent told the relatives of the petitioner that she hoped that they do not get an accommodation in Madhopur so that their in-laws could not visit there. vii) That during their stay in the guest room of the Officer's mess at Madhopur in the last week of November 2005, the respondent fought on petty matters and she started shouting at the petitioner and she became so violent that in a fit of rage she started slapping the petitioner. viii) That the respondent refused to pack the household goods at Delhi on allotment of the official accommodation No.P-53/2 in Madhopur and to set up the household goods in Madhopur when they shifted from Delhi on 1.12.2005 by saying that she was not meant for that purpose. ix) That the efforts of the petitioner to teach the respondent to learn to operate washing machine, microwave, oven, Computer were a failure till she left for her house in the first week of January, 2006. x) That in the month of December, 2005, the respondent suggested to the petitioner to sell the house of his father in Noida and transfer the money in her name. xi) That on several occasions, the petitioner saw the respondent speaking in an arrogant manner to other ladies of his unit much elder to her in age. xii) That on arrival of his mother on 17.12.2005, he saw a distinctive aggressiveness in respondent's behaviour and the respondent started quarrelling with the petitioner as to why his mother has come to Madhopur. During her stay at Madhopur, the respondent never attended to her household duties and on many occasions he had to prepare his own food without any help from her and on several occasions she had gone to their neighbours and spoken against him and his family. xiii) That the respondent refused to go for dinner on 28.05.2006 when they were invited by Col.M.S.Yarnal whereupon the petitioner told the father of the respondent on telephone about the latest misbehaviour of the respondent. On reaching the respondent's father at Bhatinda in the evening of 29.05.2006, the respondent told that she did not want to stay with the petitioner and would leave next day and went inside the house and packed her bags. Thereafter, on 30.05.2006 the petitioner left both the respondent and her father at Bus Stand, Bhatinda early in the morning and since then she has not turned up. xiv) That on several occasions the petitioner told the father of the respondent about her unpredictable behaviour and disrespectful conduct, but the father of the respondent waned the petitioner of dire consequences of losing his job and being put behind bars. xv) That a false case bearing FIR No.53 dated 01.02.2007 u/s 498-A/406 IPC and Sections 5,6, 7 of the Dowry Prohibited Act was registered against him and his mother at P.S.Civil Lines, Hisar in order to harass and humiliate them.";