ABHISHEK Vs. SEEMA

JUDGEMENT

(1.) Heard.

(2.) The marriage between the parties was solemnized on 21/6/2010 and at the time of marriage the respondent (wife) was posted as Shiksha Karmi Grade-III at Mohabhattha, who was transferred to village Motesara which was about 2 km. from the in-law's place. The respondent (wife) came to her maternal home in April 2011. Thereafter, the report was lodged against the appellant and his family members for demand of dowry for which a criminal case was instituted. The husband pleaded that a false complaint was made for demand of dowry, whereas they have not demanded any dowry at any point of time from the respondent (wife) or her family members. It was further pleaded that some matrimonial dispute took place at a time and the appellant (husband) was attacked and wife tried to throttle the husband which was intervened by few of the family members and thereby his life was saved. Thereafter, the wife started living separately for 7-8 years and it was not possible for the husband to live along with the wife. He was mentally disturbed and was treated by the doctor and the cause was attributed to the wife. Therefore, it was pleaded that the marriage dtd. 21/6/2010 be declared void and the decree of divorce be passed.

(3.) The respondent (wife), on the contrary, denied the allegation and it was pleaded that the ornaments which were given to her (wife) have been taken back during Diwali festival and was not returned and subsequently she was subjected to harassment for demand of dowry for which a report was lodged.