JUDGEMENT
S.D.ANAND, J. -
(1.)THIS is husband's appeal against the order dated 9.6.2001 vide which a plea, filed by him under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") for the rant of a decree of divorce against the respondent -wife, was declined by the learned Trial Court.
(2.)FOR enabling the proper appreciation of the controversy it would be useful to indicate the respective pleas of the parties at the first instance : - The marriage between the parties was soleminised on 27.4.1994. For both of them otherwise, it was a second marriage. The appellant was a widower; while the respondent -wife was a divorcee.
The parties cohabited, as husband and wife, and a female child was born out of their union on 1.6.1995 At the matrimonial house, the parents of the husband were also residing.
(3.)THE respondent -wife was in the habit of picking up quarrel, even on trivial issues from the inception of the marriage. Apart from exhibiting an attitude of indifference towards the appellant and his parents, she was also in the habit of hurling filthy abuses upon him and his parents. She would always have a grievance that she had been married to a poor man., She would not attend to the house hold chores and would announce to the appellant that she is not a servant. She would always tell the appellant that the latter should engage a domestic help to attend to the house hold chores. As against it, the appellant would advise her to live within his financial means and to render assistance to his mother in the house hold chores. Whenever he would tender that advice to the respondent, she would abuse him filthily like "KUTTE HARAMJADE TERI EHH HIMMAT KIDDA HOI KE TU MANU GHAR DA KAM KARAN LAI KAHEN". Besides it, the respondent announced that she would commit suicide in case the appellant or members of his family insisted upon her attend to the house hold chores. In the month of May, 1994, she consumed sleeping pills to commit suicide. The attempt proved abortive otherwise. The appellant brought this fact to the notice of the parents of the respondent -wife who came over and, instead of advising her to behave properly started abusing the appellant and his parents who did not, however, react as they were inclined to pacify the matter. The respondent was also in the habit of announcing to the appellant that her parents were well connected with the rich and high ups and she would also announce to them that law is favourably inclined towards the females.
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