JUDGEMENT
Tarlok Singh Chauhan, J -
(1.)This appeal is filed by the husband, who has been denied a decree of divorce by the learned Court below.
(2.)The appellant/petitioner filed a petition for dissolution of the marriage under Section 13 (1) (a) of the Hindu Marriage Act, (for short 'Act') against the respondent on the allegation that the marriage was solemnized on 19.1.2001 and out of the said wedlock, one daughter was born. It was averred by the petitioner that after the marriage, the conduct of the respondent was cruel towards him and his family members and she otherwise had deserted him without any reasonable cause and had left the matrimonial home. The petitioner elaborated the act of cruelty by stating that the respondent used to threaten him and his family members that she would implicate them in a criminal case and once she had even consumed poisonous substance. All these acts, according to the petitioner had raised a reasonable apprehension in the mind of the petitioner that it would be injurious and harmful to live with the respondent. Not only this, the respondent had lodged a false complaint against the petitioner and his parents under Section 498-A IPC, wherein the petitioner was taken into custody and remained as such for more than a fortnight. Lastly, it was averred that the respondent without any reasonable and plausible cause had deserted the petitioner on 3.2003.
(3.)On notice, the respondent contested the petition by filing reply wherein the factual position regarding marriage, its consummation and birth of daughter were not disputed. However, the other facts as mentioned in the petition were emphatically denied and it was averred that it was the petitioner as well as his other family members, who had compelled and forced her to consume poisonous substance. However, she was saved by the doctor at Zonal Hospital, Kullu. She further averred that no complaint was lodged by her against the family members with the pious hope that good sense will be prevailed upon them and they may change their behaviour towards the respondent. She admitted that she lodged FIR against the petitioner and her parents, but the same was lodged on the basis of facts. The respondent asserted that she had been forced to leave the house of the petitioner on 9.2003 when the petitioner gave her severe beatings.
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