Tejinder Singh Dhindsa, J. - (1.) The appellant assails the judgment and decree dated 15.01.2009 passed by the learned Additional District Judge, Kurukshetra (in short 'the trial Court') dismissing his petition for dissolution of marriage by way of a decree of divorce.
(2.) The appellant/husband filed a petition under Section 13-B of the Hindu Marriage Act, 1955 on the twin grounds of cruelty and desertion. It was asserted that marriage between the parties was solemnized on 22.02.2002 at Kaithal according to Hindu rites and ceremonies. The appellant/husband sought to substantiate the grounds of cruelty and desertion against the respondent/wife inter alia on the following basis: (i) It was alleged that the wife was a short tempered lady and who was in the habit of picking up fights and quarrels on petty issues. (ii) It was asserted that the wife was of a non-cooperative nature and would never entertain the relatives as also friends of the husband. Rather, she used to misbehave in the presence of the relatives and friends and on account of which the husband felt insulted and humiliated. (iii) The respondent/wife delivered a female child at her parental home at Kaithal on 10.12.2003 but no intimation of the same was given to the husband or his family members. (iv) That a false case bearing FIR No.291 dated 25.05.2006 under Sections 406/498-A IPC was registered against the husband as also his parents at Police Station City Kaithal in order to harass and humiliate not only the appellant/husband but also his father and mother. (v) As regards desertion, it was asserted that the wife left the matrimonial home on 14.05.2003 without any rhyme and reason when she was pregnant. The husband as also his parents convened Panchayats on more than one occasion so as to bring the wife back into the matrimonial fold but with no success. Further alleged that not only did the wife decline to join company of the husband but even the Panchayat members were humiliated and insulted.
(3.) The respondent/wife filed a written statement denying all the allegations. To the contrary, the wife accused the appellant/husband of harassment and cruelty. Respondent averred that she has been maltreated and tortured for bringing insufficient dowry and demands of dowry were raised. She was turned out of the matrimonial home on 14.05.2003 when she was pregnant. When a female child was delivered at the parental home at Kaithal i.e. on 10.12.2003, due intimation had been furnished to the husband and who in spite thereof, did not visit the respondent/wife and chose not to even see the new born child. Respondent/wife asserted in the written statement that extreme circumstances had been created by the husband as also his family members and which left her with no option but to lodge a complaint and which in turn led to registration of FIR No.291 dated 25.05.2006 at Police Station City Kaithal under Sections 406/498-A IPC. The trial Court framed the following issues: (i) Whether the petitioner is entitled to a decree of divorce on the ground of cruelty as alleged OPP (ii) Whether the petitioner is entitled to a decree of divorce on the ground of desertion as alleged OPP (iii) Whether petition is not maintainable in the present form OPR (iv) Relief.;