N.C. KOCHHAR. J. —This is husbands appeal under section 28 of the Hindu marriage Act, 1955 (the Act) against the decree and judgment dated 17. 17.10.86 passed by the learned District Judge, Ajmer in Civil Misc. Case No. 165/1979 dismissing his petition under Section 13 of the Act. The case set up in the petition was as under :-

2. That after marriage the respondent accompanied the appellant to his house in village Beer where she stayed with him for about four days and thereafter accompanied by her brother, came to her parents house from where she returned to the matrimonial home in August, 1978 and lived with the appellant for about 15 days and after that period she went to the house of her parents and returned to the matrimonial home on or about 25.1.1979 and thereafter went to her parents house on 16.2.1979 along with her father and since then she has been living with her parents. During the period that the respondent stayed with the appellant, her treatment towards the appellant and his parents was very cruel and contemptuous and she used abusive language towards him and his parents and treated them with cruelty. The instances of cruelty quoted in the petition were : (i) On one

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