GUMAN SINGH,J. - (1.) CHALLENGE in the instant appeal is to the judgment and decree dated 29.1.2005 passed by the learned Family Court, Ajmer, whereby the petition filed under Section 13 of the Hindu Marriage Act by the appellant -husband (for short 'the husband') in Case No. 250/2001 seeking divorce from respondent -wife (for short 'the wife') on the ground of cruelty, was dismissed.
(2.) BRIEF facts giving rise to this appeal are that the husband (Basant Kumar Jha) filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage on the ground of cruelty wherein it was averred that he was married to respondent on 2.12.1988 at Ajmer as per Hindu rites. One son aged 11 years and one daughter aged 7 years were born out of their wedlock. For some time, the wife behaved normally but on being appointed as Senior Teacher in Government service, her behaviour changed. She started quarrelling with parents of the husband and also refused to attend daily household work on the pretext of getting tired. Day -by -day her behaviour became more atrocious as she started harassing the parents of the husband. Many a time she had to be persuaded to return to the matrimonial home from her parents. Finally, on 9.5.2001, she left the house of the husband along with her clothes and ornaments after insulting the mother of the husband while the husband was out. She also retained both the children with her and thereafter she never returned. The husband tried to persuade her but it was of no consequence. Ultimately, the husband got a notice dated 14.5.2001 served on her through his Covmsel asking her come back and to restore the matrimonial ties. She made a reply making wild allegations against the husband and his parents and also refused to join the husband. So, the husband had to file this petition for a decree of dissolution of marriage on the ground of cruelty against the wife. In the reply the wife controverted all the allegations and has averred that she had to join service out of the pressure from her in -laws. The husband remained posted out of Ajmer in the meanwhile for some period; and lastly he was posted in Ajmer in the year 1996. It was also averred that the husband did not have co -operative attitude and she was always insulted and harassed. According to the wife, there had been some exchange of hot words on 9.5.2001 while she was getting ready for the school. She was pushed, dragged and even beaten with shoes. So, she felt insulted, apprehensive and left for the house of her sister. It has been further averred by the wife that she was herself a victim of atrocities on account of the husband being a man of stubborn, angry and assaulting nature. She also alleged that an application was also made to the Court for mutual divorce on date 9.10.2001 on account of pressure on her which was later on got dismissed by her.
(3.) ON the basis of the pleadings of the parties, the following issues were framed: (i) Whether the wife treated the husband with cruelty as narrated in the petition? (ii) Whether the husband is entitled to a decree of dissolution of marriage? (iii) Relief. Both the parties examined themselves in support of their averments and produced no other witness.;