GAURI SHANKAR DHANWARIA Vs. MAYA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 4.1.2002 passed by the Court of the Additional District Judge whereby the petition of the appellant for dissolution of marriage by a decree of divorce was dismissed. A few facts relevant for deciding this appeal are:

(2.) Marriage between the parties was performed according to Hindu rites and customs on 15.2.1997. From the wedlock of the parties, one male child was born on 9.11.1998. Alleging that the respondent had treated him with cruelty, the appellant filed a petition for dissolution of marriage by a decree of divorce on the allegations as contained in the petition. Some details of the alleged acts of cruelty were given in the petition. Paragraphs 4 to 24 of the petition narrating incidents of the alleged cruelty read as under: -

(3.) . That from the very beginning of the marriage, the respondent showed disinclination to settle in the matrimonial home. The petitioner tried very hard to break down the resistance, thinking she was shy but every time the petitioner tried to approach the respondent she projected herself to be of higher status and better family than the petitioner and blatantly said that she had made a mistake in marrying so low, as against the many good offers coming her way. It was only on the petitioner insistence that the marriage was consummated.