D.V. Sehgal, J. - (1.) This first appeal from order has been filed against the judgment and decree dated 15-4-1985 passed by the learned Additional District Judge, Jalandhar, whereby a petition under section 13 of the Hindu Marriage Act, 1955 (hereinafter called 'the Act') for dissolution of marriage by a decree of divorce filed by the petitioner-appellant against her husband-respondent was dismissed.
(2.) The parties were married on 17-1-1982. It is admitted on both sides that they lived together as husband and wife in all for about 21 days. There is no issue from the marriage. The allegation of the wife is that the respondent started treating her with cruelty. She was tortured on the ground that she had not brought sufficient dowry and she was accused of having illicit relations with some boys in her parents' village. Thus, aspersions were caused on her character. During one particular night, the respondent took out a knife in order to kill her. On her raising cries, neighbours and relations were attracted and she was saved. He again tried to strangulate her. He threatened that he would cut her into pieces and throw her body on the railway-line so that it should appear to be a case of suicide by her. She alleged that she apprehended danger to her life. She thus filed the petition for dissolution of marriage by divorce under section 13 of the Act on the ground of cruelty. The respondent who opposed the petition denied all the allegations. He averred in his written statement that the real fact is that he has two younger brothers and aged mother, whom he is maintaining. His father is already dead. There is no other male member in the house to look after them. His wife wanted him to have separate residence from his brothers and mother. He did not agree to it and it was on this account that she left the house taking away gold ornaments.
(3.) On the pleadings of the parties, the learned Additional District Judge, Jalandhar: who tried the petition framed the following issues:- (1) Whether the respondent has treated the petitioner with cruelty ? If so, its effect ? (2) Relief. The learned trial Court returned the finding on issue No. (1) adverse to the appellant and as a result the petition was dismissed.;