K.S.TIWANA, J. - (1.) THIS appeal arises out of the dismissal of the application of the appellant under section 13(1) (ia) of the Hindu Marriage Act, 1955, for a decree of divorce by the learned Additional District Judge, Chandigarh.
(2.) THE case of the petitioner is that he was married to the respondent on October 10, 1975, according to the Hindu rites. After the marriage, the respondent started persuading him to live separately from his family, as she did not want to live in the joint family. She used to dislike the food prepared by his sister and also started using indecent language towards the other members of the family. She on many occasions refused to take food on the pretcxt that she may not be poisoned. She used to pick up quarrel on trivial matters and abuse him and his mother. She even ignored him and her attitude disturbed the peace of the family. The behaviour of the respondent greatly affected his mental and physical health. All the efforts of the appellant to persuade the respondent to see to reason and not to insist in her attitude failed and ultimately on November 23, 1975, at about 2 P.M. she left his home on the pretext to see her ailing mother. The respondent never came back after that. The appellant made several trips to the house of the parents of the respondent and requested her to come back and live with him in his house, but she refused. She insisted that the appellant should deposit Rs. 10,000/ - in her name and also arrange for a separate residence for themselves away from his family. The respondent also made certain frivolous complaints to the authorities and the Police, and also filed an application claiming maintenance under section 125, Criminal Procedure Code, 1973. The respondent in the written statement denied the allegations of the petitioner and stated that soon after the marriage the appellant and his family members started criticising her for not bringing the dowry to their satisfaction. They started to put pressure on her to bring more money as dowry from her parents. Since she could not satisfy their demands, they started to behave in a humiliating way towards her. She also alleged physical torture at the hands of the appellant, who wanted her to bring Rs. 14,000/ - so that he could construct upon the plot allotted in his name. The contentions of the appellant as contained in the petition were denied. She alleged that efforts were made by her and her parents to prevail upon the appellant to keep her in his house as his wife.
(3.) THE case between the parties was tried by the learned trial Judge on the following issues : - 1. Whether after the solemnisation of the marriage the respondent has treated the petitioner with cruelty ? O.P.P. 2. Relief. After the trial, the learned Additional District Judge did not agree with the allegations made and the evidence adduced to support, those by the appellant and dismissed the petition with costs. Feeling dissatisfied with the order of dismissal, the appellant has come upto this Court in appeal. ;