The main legal point established is the requirement for concrete instances and evidence to prove cruelty and desertion in a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955.

AJAY KUMAR MITTAL, J.

1. Having remained unsuccessful in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce before the Additional District Judge, Bhiwani, the appellant-husband has approached this Court by way of instant appeal challenging the judgment and decree dated 31.1.2004.

2. A few facts necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage between the parties was solemnised in the year 1981 at village Mandola, Tehsil Dadri, District Bhiwani, according to Hindu rites and ceremonies. They lived together as husband and wife at village Imlota and cohabited as such. From the said wedlock, a male child was born on 2.2.1988. After 1 years, the respondent started behaving in an abnormal manner as she stopped doing the routine household work. She used to go to her parental home when asked to behave properly. After making efforts for reconciliation, she was brought back to the matrimonial home. The younger sister of the respondent was also married to the younger brother of the appellant and they were residing as husband and wife in ordinary manner in the same house jointly. In April, 1990, the respondent left her matrimonial home on the pretext that she was going to field to meet the appellant but had gone to her parents house. When the parents of the appellant again made efforts in the year 1992 to reconcile the matter and had gone to her parents along with some respectables of the village, some ladies misbehaved with the mother of the appellant and gave her slap. In April, 1990, the respondent had deserted the appellant. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage between the parties by a decree of divorce. The said petition was contested by the respondent-wife by filing a written statement. Besides raising various preliminary objections, it was pleaded that the behaviour of the appellant was not good and he always used to quarrel with her without any reason. Further, the appellant and his mother did not allow the respondent to live in the matrimonial home. She is ready to live with the appellant. The other averments made in the petition were denied and a prayer for dismissal of the same was made. The appellant filed replication controverting the averments made in the petition and reiterated the averments made in the petition. From the pleadings of the parties, the court below framed the following issues:-

1. Whether the petitioner is entitled to dissolution of marriage on the grounds of desertion and cruelty as mentioned in the petition? OPP

2. Whether the petition is not maintainable in the present form? OPR

3. Relief.

3. In support of their case, the parties have led their respective evidence.

4. The trial court on appreciation of evidence led by the parties, decided issue No.1 against the appellant holding that no evidence was produced to show that the respondent had caused cruelty and desertion by her act and conduct. Further, it was held that the appellant had failed to establish that the respondent had left the matrimonial home without his consent and not returned thereafter. Issue No.2 was decided against the respondent being not pressed. Accordingly, the trial court vide judgment and decree dated 31.1.2004 dismissed the divorce petition filed under Section 13 of the Act. Hence, the present appeal.

5. After hearing learned counsel for the appellant, we do not find any merit in the appeal.

6. Section 13(1)(ia) of the Act empowers the Court to dissolve the matrimonial ties between the parties by a decree of divorce on a petition by either spouse where the said spouse has been treated with cruelty after the solemnisation of the marriage. Cruelty has not been defined in the Act but various pronouncements of the Apex Court and other High Courts have outlined the scope of the term 'cruelty'. Cruelty is evident where one spouse treats the ot