JUDGMENT :

RAMESH KUMARI, J.

1. This appeal has been filed by the appellant-husband (hereinafter referred to as ‘husband’) being aggrieved by the judgment dated 26.02.2018 passed by learned District Judge, Family Court, Bhiwani, vide which a petition under Section 13 of the Hindu Marriage Act, 1955 (for short ‘HMA’), filed by him, has been dismissed.

2. Admitted facts are that marriage of the parties was solemnised on 07.12.2004 according to Hindu rites and ceremonies. The marriage was duly consummated and one daughter was born out of their lawful wedlock. The daughter is residing with the respondent (hereinafter referred as ‘wife’).

3. The case of the husband is that marriage was simple and no dowry was exchanged as both the parties belong to different castes and it was a love marriage, which was solemnized against the wishes of their parents. The husband always made efforts to keep his wife happy and provided all the amenities to lead a comfortable life. After birth of the child, the behaviour of the wife changed. She never tried to adjust herself in the family of the husband. The husband tried to reason out with her but in vain. The wife was of quarrelsome nature and short tempered. She used to pick up quarrels on trivial matters. She used to insult the husband in the presence of his hospital staff members as well as other senior doctors. She did not like the family of the husband and pressurised the husband to live separately from his family. After birth of their daughter, the parents of the husband accepted the marriage and allowed both husband and wife to reside and live comfortably in their house. The wife never tried to adjust herself in the humble set up of the parents of the husband. She pressurised the husband to get the property of his father transferred in her name. When the husband expressed his inability, she left her matrimonial home. On 03.01.2013, the father of husband underwent surgery but the wife did not take care of his ailing father, rather, on 23.01.2013, she filed a false complaint in Police Station, Civil Lines, Hisar, levelling false allegations of harassment and illicit relations of the husband with another woman. On 09.05.2013, she filed a complaint to the Director General, Health Department, against him and because of that complaint, he had been facing difficulties in discharge of his official duties. The husband is a respectable person of the society and a good doctor. The wife never performed her marital obligations. When husband used to sleep on the bed, the wife used to give beatings and throw him down from the bed by giving kick blows. Her behaviour was not good towards her minor daughter. She did not serve meals to him and the minor daughter. The husband tried to reason out with her to adjust in her matrimonial home, but she made lame excuses. The said act of the wife amounted to mental as well as physical cruelty to husband and due to the act and conduct of the wife, the relations between the parties had deteriorated to such an extent that it had become impossible for them to live together. The husband, thus prayed for dissolution of his marriage on grounds of cruelty.

4. The wife contested the divorce petition and denied all the allegations levelled in the petition. She pleaded that dowry was given in marriage including cash amount of Rs.2,50,000/- and twenty tolas of gold in the shape of ornaments. The act and conduct of husband and of his parents was very rude and rough towards her for not bringing dowry as per their expectations. The husband and his father were addicted to liquor. Under the influence of liquor, they used to beat her. She was continuously harassed and tortured in the matrimonial home. The husband raised demands of a luxury car make TATA Siera and cash amount. She tolerated the atrocities with the hope that one day good sense may prevail.

On 08.07.2005, she gave birth to a daughter, but thereafter, the behaviour of her husband and his parents became more cruel. She was ousted h