Mere incompatibility of temperament, differences in habits and outlook, occasional quarrels, or isolated instances of rudeness or annoyance do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

G.R. Moolchandani, J.

Aggrieved by the order dt. 21.04.2017 passed by Family Judge No.3, Jaipur dissolving marriage of the appellant, instant appeal has been preferred.

2. In nutshell, respondent petitioner brought a divorce petition before the court below pleading that his marriage was solemnized with appellant non-petitioner on 19.02.2009 at Jaipur, right from his marriage, appellant non-petitioner was having a perverse and quarrelsome nature and started scuffles with family members uttering that her marriage was a forced marriage since her mother and sister coercively got her marriage done, she was nurturing love affairs with somebody else and does not feel the in-laws' house to be of her own nor she will accord in-laws' status to her father-in-law and mother-in-law. She was reluctant to observe festival, she would go away to the house of her mother, her adverse utterances injured his feelings, she used to create discontent intermittently and abandon in- laws' home, initially she yielded to come back but later she would often say that who has called them to fetch her, she will stay there and none requires to fetch her. Petitioner's mother was hospitalized between 17.07.2009 to 21.07.2009 even sickness tidings could not yield her to come back, she was of the view that whatever unpleasant may befallen upon them, it won't affect her and she failed to come back even to know well-being of her mother-in-law, which caused mental trauma to the petitioner, tantamounting cruelty. She was epileptic and used to take medicines, even loitered to apprise nature of medicines and would fight on these pretext, even the disease was kept latent prior to marriage, which was essential to be revealed for sake of marital fiduciary, she also lodged FIR No. 175/2010 with Mahila Police Station and later compromised. Further on the basis of cruelty and desertion decree for dissolution of marriage was sought.

3. Defendant Smt. Kumkum Sharma rebutting pleadings, conversely pleaded that she never behaved alleged absurdity nor stated that she was having love-affairs with somebody else, she observed all festivals without fail and has further pleaded that she does not suffer from alleged disease of epilepsy. On the contrary, she was harassed and maltreated by her in-laws, in fact petitioner was addicted to alcohol and harassed her, he also spoiled salary on consuming alcohol. She often asked to abandon bad habits but he did not yield. Petitioner and his family members threatened her to divorce. On 24.07.2011 she was given beatings and was thrown out of the house, her apparels and jewellery were also retained by her in-laws, ever since she is residing with her widowed mother. Petitioner is not paying even a single penny for her maintenance. By agitating false allegations, petitioner wrongfully intends to seek divorce, non-petitioner is not residing with her mother of her own accord since petitioner has ousted her after giving beatings, so she has compelled to live alongwith her mother. She never acted cruelly with her in-laws and has further pleaded to dismiss the petition with grant of 25,000/- towards monthly maintenance.

4. Upon pleadings of both the parties, learned Court below framed following issues:-

(i) Whether non-petitioner has treated the petitioner with cruelty ?

(ii) Whether non-petitioner has deserted the petitioner since 20.07.2011 without reason ?

(ii-a) Whether non-petitioner is entitled to get Rs. 25,000/- per month alimony from the petitioner for whole of her life ?

(iii) whether petitioner is entitled to get degree for dissolution of marriage ?

(iv) Relief.

5. Both the rival parties have produced themselves to prove their pleadings. Petitioner has produced himself as AW1, whereas non-petitioner has produced herself as NAW1 and her maternal aunt as NAW2.

6. Pw1 Prashant Sharma has stated that his marriage was solemnized with defendant Smt. Kumkum on 19.02.2009, two to three days later to the marriage, she started uttering that she loves so