SHAKUNTALA Vs. CHANDER MOHAN

JUDGEMENT

(1.) This appeal by the wife is directed against the judgment dated 11-11-1982 passed by the learned Addl. District Judge, Delhi whereby her petition under section 13(1)(ia) and (ib) of the Hindu Marriage Act was dismissed.

(2.) It is alleged in the petition that the parties were married on 6-9-1975 at Delhi. They resided together in the matrimonial home and a male child was born on 6-1-1976. It is further alleged that right from the very beginning the behaviour of the respondent towards the appellant was cruel and the respondent would not spare any occasion to beat the appellant on the ground that the appellant had not brought sufficient dowry of the expectation of the respondent and his family members. The dissatisfaction was in spite of the fact that sufficient dowry had been given by the parents of the appellant including 71/2 tolas of gold and Rs. 5000.00 in cash besides the usual clothes and other things. The appellant remained most of the time with her parents and finally on 30-11-1977 was kicked out of the matrimonial home. During the period when the appellant remained in the matrimonial home she was beaten very often by the respondent and sometimes even by his family members. She was not given food to eat and was made to sleep without taking her food. Proper clothes were also not given to the appellant by the respondent and his family members. In spite of that the appellant continued to live in the matrimonial house in the hope that better sense would prevail upon the respondent and his family members and they might treat the petitioner nicely in due course of time but this hope of the appellant remained unfulfilled, throughout. It is further alleged that on 30-11-1977 the appellant was finally turned out of the house after she was made to write certain writing in favour by the respondent and was directed never to return to her matrimonial home failing which the appellant was threatened that she would be killed by the respondent and his family members. Since then the appellant is residing with her parents and has not returned to the matrimonial home. The petition has been filed on the ground of cruelty and desertion and it is alleged that she has been deserted for a continuous period of more than four and a half years immediately preceding the presentation of the petition.

(3.) Notice of the filing of the petition was issued to the respondent. He contested the petition and filed the written statement. The allegations of cruelty have been denied in the written statement and it has been pleaded that she used to leave the matrimonial home without the consent of the respondent and of her own accord. It is further pleaded that the appellant was always treated with love and affection by the respondent but she was not willing to stay with the respondent as she had got illicit relations with some mini bus driver who is residing in her parents neighbourhood. The fact of the appellant having illicit relations is also in the knowledge of her younger sister as also her parents. The allegations relating to the incident of 30.11-1977 have also been denied in particular.