R.S.MADAN, J. - (1.) THE husband who had been unsuccessfully fighting litigation for the last about nine years for snapping his marital ties with the respondent-wife is the appellant before this court. He has impugned the judgment and decree dated 16.10.2002 rendered by the learned Additional District Judge, Jalandhar, whereby his petition under Section 13(1)(a) of the Hindu Marriage Act filed against the respondent-wife, on the ground of cruelty and desertion was dismissed.
(2.) THE facts in brief are that the parties to the petition entered into nuptial-knot on 5.12.1993 at Jalandhar according to Hindu rites and ceremonies. After the solemnisation of the marriage, both the parties cohabited as husband and wife. Out of this wedlock, two children namely Chahal Arora and Anil Kumar were born on 29.7.1994 and 23.11.1998 respectively. It is further case of the appellant that right from the inception of the marriage, the behaviour of the respondent was very cruel and harsh towards him and his parents. She often used to insult and abuse him in front of his friends and relatives. Despite this, he had been tolerating the act of the respondent with a hope that better sense would prevail upon her with the passage of time and she would improve herself but to no effect. It was on 2.10.1997, the appellant took the respondent to attend the birthday party of his friend Ashwani Kumar Sharma and when they were taking meal all of a sudden the respondent without any reason started hurling abuses at the appellant and slapped him. She also threw her plate in the presence of other invitees, friends and relatives and degraded him in their eyes. She left the party without telling anybody where she is going. Later on she was found present at the house of her parents. The appellant requested her to return to the matrimonial house but she refused. Her mother and brother started abusing and beating the appellant. However, due to the intervention of the neighbours of her parents, he saved his life. She often refused to cook meal for him and his family members and also refused to entertain. Due to the indifferent attitude of the respondent, the appellant suffered mental cruelty which has affected badly his health. On 10.8.1998, she left the matrimonial house with daughter and took with her all jewellery and other valuables. Two/three attempts were made through panchayat to persuade the respondent but all in vain. Hence, the divorce petition was filed on the grounds of cruelty and desertion. Upon notice, the respondent-wife contested the divorce petition by filing written statement. She admitted the marriage and birth of the children. But denied all the allegations made in the petition. She also even denied the incident of 2.10.1997 throwing the plate on the appellant in the birthday party of his friend or abusing or insulting him. She, however, contended that it was the appellant who always used to create problem for her because he was not having good moral character. She submitted that on 30.7.1998, when she was collecting clothes of the appellant for washing, she found a letter written by the appellant to his beloved Kanchan. After reading the contents of the letter, it was evident that the appellant is not interested in her and after obtaining divorce from her, he wanted to marry with said Kanchan. She also averred that on 30.9.1998 she was badly treated and beaten by the appellant with cricket bat and she was at her advance stage of pRegulation ncy of seven months at that time. She was saved by landlord Daljit Singh who informed his parents and thus she was forced to go with them. Since then she is living with her parents.
(3.) REPLICATION was filed by the appellant and controverted the averments made in the written statement and reiterated the facts set out in the divorce petition. The trial Court framed the following issues :- 1. Whether respondent has treated the petitioner with cruelty ? OPA 2. Whether the respondent has deserted the petitioner for the period of more than 2 years without any reasonable and proper cause ? OPA 3. Relief. ;