D.V. Sehgal, J. - (1.) This appeal by the husband-appellant is directed against the judgment and decree dated 1.4.1985 of the learned District Judge, Ropar, dismissing is petition under section 13 of the Hindu Marriage Act (hereinafter called the Act). He has sought dissolution of his marriage with Smt. Tarlochan Kaur, wife-respondent on the ground of desertion and cruelty.
(2.) The petitioner-appellant averred in his petition that at the time of his marriage with the respondent he was hardly 15 years of age. The respondent was of almost the same age. The resided together only for a day and thereafter the respondent left for her parental home along with all ornaments. An assurance had been given by her parents that she would be sent back after some time but she never returned to the matrimonial home in spite of his best efforts. He submitted that a few years back he had filed a petition against the respondent for divorce but on her and her parents' assurance that she would return to him he got the petition dismissed. This assurance was never fulfilled. He took Panchayats on more than one occasion for making an effort to bring back the respondent but he was put off by her parents on one excuse or the other. He further alleged that the respondent had started taking part in the Akali Jathas and she moved in the company of undesirable persons with whom she had spent days together. He thus pleaded desertion and cruelty on the part of the respondent.
(3.) The petition was contested by the respondent who stated that she was about 20 years of age at the time of marriage. After the marriage both of them lived together. She paid only a customary visit to her parents' village and thereafter returned to the petitioner and lived with him for about six months. She then went to her parental home at the time of Karva festival and again returned to the matrimonial home, i.e., the petitioner's village Rurki Pukhta and cohabited with him. She stated that she lived with him for a period of three years. On some occasions, she no doubt visited her parents also. According to her, the petitioner started maltreating and beating her on the ground that she had not brought sufficient dowry at the time of marriage and wanted her to arrange a motorcycle for him from her parents. Her younger sister is married to Jasmer Singh, younger brother of the petitioner. According to her, the petitioner also started misbehaving with his brother and her sister. With the result that the said brother separated from the petitioner. After this his attitude worsened. He ultimately turned her out of his house in Aug., 1983 by giving her a beating. In March, 1984, the petitioner made an attempt to get himself re-married but the family of the respondent foiled that attempt. She admitted that the petitioner had filed a suit for declaration that the parties had ceased to be the husband and wife, but the said suit was dismissed as the same was baseless. She denied that the petitioner ever brought any Panchayat to her parents' village to take her back to the matrimonial home. On the contrary, her parents made efforts to rehabilitate her with the petitioner but they were unsuccessful she denied the insinuation that she took part in any Akali Jatha or that she joined the company of any undesirable person. She categorically stated that she is ready to live with the petitioner. It is mentioned in the judgment under appeal that even during the pendency of the petition she agreed to live with him but the petitioner did not accept this offer.;