Allegations in a divorce petition must be proven with evidence, and serious allegations require substantial proof to be considered valid.

V.M.Jain, J.

1. This appeal has been filed by the appellant wife against the judgment and decree dated 5.10.1995 passed by the Additional District Judge, vide which the petition for divorce filed by the appellant wife against the respondent husband was dismissed.

2. The facts, in brief, are that on 24.1.1995, the appellant wife filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent husband seeking dissolution of marriage by a decree of divorce. It was alleged that the marriage between the parties was solemnized in the year 1982 and that at the time of marriage, she was aged 6/7 years while the respondent was aged about 45 years. It was alleged that in May, 1992 the muklawa ceremony had taken place and the petitioner had gone to her matrimonial home and the parties lived together as husband and wife. It was alleged that the respondent was habitual to drinking liquor and poppy husk, and after the marriage, he started, harassing the petitioner during her stay in her matrimonial home and he also gave her severe beatings and tortured her. It was alleged that the respondent tried to prostitute her and she was not provided proper food and clothing. It was alleged that the respondent gave beatings to the petitioner and turned her out of the matrimonial home after retaining all the dowry articles and also warned that unless she would agree for prostitution, he would not keep her with him. It was alleged that thereupon, the parents of the petitioner had gone to the house of the respondent and at that time, the respondent confessed his guilt and assured them that in future, he would behave properly, whereupon the petitioner came back to her matrimonial home. However, the behaviour of the respondent remained the same and he continued mis-behaving with her and that the petitioner was given beatings by the respondent and he turned her out of the house in three clothes after removing all the ornaments worn by her. It was alleged that the respondent had given mental and physical cruelty to the petitioner and that further cohabitation with the respondent was harmful to the petitioner. It was alleged that since December, 1992 the petitioner was residing with her parents and the respondent had deserted her for a continuous period of not less than two years prior to the filing of the petition without any reasonable excuse. It was, accordingly, prayed that the marriage between the parties be dissolved by a decree of divorce.

3. In the written statement filed by the respondent husband, various allegations made in the petition were denied. It was alleged that in fact, the petitioner was adult at the time of her marriage and the age gap was meager. It was denied that he was addicted to intoxication. It was also denied that he had ever made efforts to make the petitioner prostitute and if she was leading a life of prostitution, it was not in the knowledge of the respondent. It was alleged that in fact, the respondent is not levelling the allegation of prostitution against the petitioner. The allegation of desertion was also denied and it was alleged that it was concoction.

4. The petitioner filed replication. Various issues regarding cruelty and desertion were framed. Both sides led evidence.

5. After hearing both sides and perusing the records, the learned Additional District Judge decided both issues against the petitioner wife and resultantly,. dismissed the divorce petition. Aggrieved with the same, the petitioner wife filed the present appeal in this Court.

6. After hearing the learned counsel for the appellant and perusing the records, in my opinion, there is no merit in this appeal and the same is liable to be dismissed.

7. In order to prove that the respondent had treated the petitioner with cruelty and/or had deserted her, Smt. Roshni petitioner, herself, had appeared in the witness box as PW-1 and had produced her mother Smt. Janno as PW-2. However, in my opinion, from the statement of these two witn