Dev Darshan Sud, J.

This appeal has been preferred by the husband against the judgment of the Learned District Judge, Kinnaur, dismissing the petition preferred by him under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’) declining a decree for divorce, as prayed for, by the appellant herein, on the grounds of cruelty, both mental and physical to which he pleaded that he was subjected to by his wife, who is the respondent herein. The parties to this appeal were married in April, 1989 at village Nor, Tehsil Nirmand, District Kullu, according to Hindu rites and custom prevailing in the particular area. It is pleaded that after the marriage, they lived as husband and wife in village Kandi in Rampur and out of the wedlock, two children, i.e. one daughter and one son, were born. On the date when the petition was filed which is 1.7.2004 the son was aged about 9 years and daughter 12 years.

The appellant pleads that his wife has been treating him with cruelty from the very beginning and making it impossible for him to live with her. He alleged that she was in the habit of abusing him and his parents and sister in filthy language and used to pick up quar

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