JUDGEMENT
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(1.)This appeal is directed against the order dated 27.5.2011, passed by the Family Court, Hisar, whereby the petition under Section 13 of the Hindu Marriage Act, 1955, (for short 'the Act') preferred by the appellant-husband has been dismissed.
(2.)The marriage between the parties was solemnized on 1.5.2004 and no issue was born out of the wedlock. The matrimonial ties between the parties were apparently ruined soon after the marriage and the allegations and counter-allegations led the appellant-husband to initiate divorce proceedings, the respondent-wife also got registered a criminal case under Sections 498-A, 406, 323, 506 of the Indian Penal code, which is pending trial.
(3.)The appellant in his petition under Section 13 of the Act sought a decree of divorce on the ground 'of cruelty'. In order to make out the case that the acts of the respondent-wife were liable to be termed as cruelty, that their married life had become miserable. The specific instances relied upon by the appellant-husband are (i) the respondentwife is not cordial and is non-cooperative; (ii) she openly stated that her marriage was solemnized against her wishes; (iii) she always disobeyed the appellant and his parents; (iv) she wanted to live separately in an urban area and pressurized the appellant to live at Rewari or Hisar; (v) the respondent-wife refused to prepare tea or breakfast on 20.8.2004, when brother-in-law of the appellant visited village Bhakli; (vi) the respondent-wife never did any household or domestic work during her short stay in the matrimonial home; (vii) she used to pick up quarrels on petty domestic matters; (viii) the respondent-wife picked up a quarrel with the mother of the appellant on 12.10.2004 and slapped the appellant's mother and (ix) the respondent-wife is said to have left the matrimonial home without the consent of the appellant on 20.12.2004 with her brother who had come to take her. The allied efforts made by the appellant to bring the respondent back through some Panchayat also proved to be futile.
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