LAXMI GAUTAM Vs. VINOD GAUTAM

JUDGEMENT

(1.) PRESENT is an appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as `the Act') against impugned judgment and decree dated 09.02.2011 passed by learned ADJ, Delhi by which divorce petition of appellant/wife under Section 13 (1) (i-a) and (i-b) for dissolution of marriage by grant of decree of divorce has been dismissed.

(2.) BRIEFLY, the facts of the case are as under:- The marriage between the parties was solemnized on 20.02.2002 at Mathura, U.P. according to Hindu rites and ceremonies. One son (namely Tejaswe) was born from their wedlock on 30.08.2003. Appellant/wife has alleged in her divorce petition that her parents had given enough dowry in her marriage but respondent and his family members were not satisfied with the same. She has alleged that during her honeymoon respondent gave beatings to her on a minor altercation. During her stay in the matrimonial home, she was forced to take monetary help from her parents in order to satisfy the greed of the respondent and his family members. Appellant/wife has alleged that she was given beatings in the matrimonial home and was tortured and humiliated and was not given love and affection. Even during her pregnancy, she was ill-treated and was not provided good food. Further, allegations are that even after the birth of her son, there was no change in the behaviour and a demand of cash of Rs. 1 lakh was made upon her. Due to non-fulfilment of demand, she was abused and manhandled. She has alleged that on 05/06.01.2006, respondent came home heavily drunk and abused the appellant and her family members. He had also caught hold of her hair and turned her out of the matrimonial home along with the minor child. She has alleged that she had to spend the night at the bus stand and in the morning she went to her paternal home and since then she has been staying there. Appellant has alleged that respondent has deserted her since 06.01.2006 and has withdrawn from her conjugal society without any reasonable excuse. Her parents made efforts to persuade respondent and his family members but all turned futile. In February 2008, her husband came to her house and took the child on the pretext of an outing and did not return the child to her. She has alleged that respondent has treated her with cruelty and has deserted her without any cause as such her marriage be dissolved by decree of divorce.

(3.) ON the basis of material on record it is seen that the appellant/wife had filed her own affidavit and tendered the same in evidence as Ex.PW1/A. ON 09.02.2011, she did not appear for cross-examination and the cross- examination of appellant (PW1) was closed. ON that very day, i.e. 09.02.2011 the respondent also made a statement that he did not want to lead any evidence as the appellant/wife has not come forth for her cross- Accordingly, the respondent's evidence was closed and examination. arguments were heard on behalf of the respondent and on that very day the judgment was passed dismissing the divorce petition.