JUDGMENT

Deepak Gupta, J. - Having lost his case for seeking dissolution of his marriage with the respondent - wife on ground of cruelty in terms of section 13 (1)(i-a) of Hindu Marriage Act, 1955 (here in after referred to as 'the Act') before Ld. Additional District Judge Amritsar, the husband has filed the present appeal.

2. According to the petitioner - appellant, marriage between the parties was solemnized on 20.11.2011 according to Hindu rites and ceremonies. It was a simple marriage. No dowry was given or taken except some ornaments given to the respondent by parents of the parties. From the wedlock of the parties, a female child was born on 5.11.2012, who is in the custody of the petitioner.

3. Petitioner submitted further that after about four months of the marriage, he noticed that the behavior of the respondent was not normal. He talked about the same to the mother of the respondent, who put off the matter on one or other pretext. He also let it go keeping in view their recent marriage. However, after delivery of the child, the petitioner found that the behavior of the respondent has become more furious and thereafter, the petitioner and his parents came to know that respondent has been suffering from some mental ailment. With passage of time, the behavior of the respondent became more violent and she used to claim to kill herself or other family members. On 2.3.2013, the respondent became so violent that he had to call her mother and sister, who took her to the parental home along with female child. The mother of the respondent also threatened to involve the petitioner and his family members in criminal cases. The respondent also used to threaten the petitioner and his family members to implicate them in false criminal cases by committing suicide.

4. Maintaining further, the petitioner pleaded that he filed a divorce petition and as a counter- blast, the respondent and her mother also got registered a false criminal cases against him and his other relatives vide FIR no. 16 under section 406/498- A/120-B IPC in police station women, Amritsar. In order to save the relatives from harassment of police, he compromised the matter and brought the respondent back to her matrimonial home. He withdrew the divorce petition and the FIR was quashed. All the gold articles and other goods were returned to the respondent at the time of hearing the bail application of the petitioner.

5. The petitioner alleged that after bringing the respondent back to her matrimonial home, her conduct became more cruel and she started torturing the petitioner and his parents physically as well as mentally and made their lives a living hell, adding more mental torture and cruelty to him. The respondent started insulting the petitioner and his parents by slapping them in front of their relatives and whenever the petitioner tried to resist, the respondent threatened him to re-open the FIR. The respondent refused to even cook food. His mother used to cook food for the family. The respondent in her fit of anger used to go out of the house and sit on the road or garden around the house for hours together and he used to bring her back with great difficulty. It is alleged that the respondent is suffering from an incurable disease. She even did not allow the petitioner to establish physical relations and whenever he made advances towards her, she used to give threats of police, adding more mental cruelty and torture to him. The respondent even did not take care of the minor child, who is being brought up by the petitioner with the help of his old aged mother. The mental torture so given by the respondent is of such an extent that he started thinking in terms of committing suicide, but he could not do so for the sake of the child. The petitioner and his per family members are undergoing an insurmountable mental stress at the hands of the respondent.

6. The petitioner averred further that respondent left the matrimonial home without his consent one week prior to th