RAJ RANI Vs. SUKH RAJ

JUDGEMENT

(1.) This appeal by the wife is directed against the Judgment dated 28-10-1980 passed by the Additional District Judge, Delhi whereby her petition under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 was dismissed.

(2.) The parties were married on 30th June, 1979 according to Hindu rites and customs. After the marriage, the parties lived together at M.400, Bagh Karekhan, Chander Shekhar Azad Colony, Delhi as husband and wife and cohabited. However, no issue was born out of the wedlock. According to the allegations in the petition, the petitioner came to know that the respondent was a habitual drunkard after few days of their marriage. It is further alleged that the respondent gave in all a sum of Rs. 100 to the petitioner-appellant on 1-7-1979 for meeting the expenses of kitchen, and thereafter, did not pay anything. It is further alleged that the respondent used to come late at night in the house and when the petitioner asked the reason for coming late at night, the respondent under the influence of liquor not only abused but also gave merciless beatings. It is stated that in the month of Oct., 1979, the respondent came along with his friend in the night and asked the appellant to prepare food for him as well as for his friend when both of them were heavily under the influence of liquor. The appellant showed her inability to prepare food as there was no atta as well as vegetable in the have and requested the respondent either to pay some money for this purpose or to bring the necessary articles from the bazar. On hearing this, respondent became furious and abused the appellant in filthy language and also kicked her in the presence of his friend. It is further alleged that again in the month of Dec., 1979, March, 1980 the respondent abused and beat the petitioner-appellant with a stick mercilessly in the presence of his friend. The appellant tolerated all the acts of cruelty on the belief that the respondent will mend his ways. However, the respondent continued to beat the appellant and on 15.7.1980, he came to the house in drunken condition and after abusing and slapping appellant-petitioner without any reason and turned her out of the matrimonial home in three clothes.

(3.) The petition was contested by the respondent. The factum of marriage and the parties having lived together was not denied. However, in the written statement, the allegations of cruelty made in the petition were denied. It is stated in the written statement that the respondent always used to come to his house in time i.e. at about 6 or 6.30 p.m. after finishing his duty hours, and he has never tasted liquor in his life. It is further stated that the respondent was getting meagre salary of Rs. 300 per month and could not afford to waste the same in liquor. It is further stated that the respondent always used to treat the appellant with love and affection. On 15-7-1980, the brother of the appellant came to take the appellant to the parental house and he took her with the promise to send her back within 2 or 3 days. Although the respondent was not willing to send her, but he acceded to the request and permitted the appellant to go. According to the respondent, the appellant is every fond of going to picture and the respondent cannot afford the same and therefore, the appellant got annoyed with the respondent and as a result of the same, she has not returned to the matrimonial home and has filed the present petition.