MR. VIKAS ARORA, ADVOCATE Vs. STATE

JUDGEMENT

(1.) The present appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred as 'HMA') has been preferred to assail the judgment & decree dated 31.07.2012, passed in HMA No.251/2010 by Additional District Judge (ADJ), Delhi, whereby the learned ADJ dismissed the petition preferred by the appellant/wife under Section 13(1)(ia) of the HMA, seeking a decree of dissolution of marriage in her favour and against the respondent/husband.

(2.) The facts as delineated in the petition are that the marriage between the parties was solemnized on 24.06.2002 at 20/194 -195, Tirlokpuri, Delhi, according to Hindu rites and ceremonies. The marriage was consummated and two issues namely Baby K and Master A were born out of the wedlock.

(3.) The appellant asserts that after the marriage both the parties started living together at 20/302 Kalyanpuri, Delhi, along with her in -laws. She claims that the respondent and his family members started taunting her for bringing insufficient dowry. They started harassing her for not bringing a motorcycle and cash with her. She alleges that after the birth of a baby girl i.e on 28.09.2003, the respondent started torturing her, as he wanted a male child. The respondent started demanding that she brings money from her parents, for repayment of his personal debt. She alleged that on 06.07.2007, the respondent, while compelling her to bring money for repayment of his personal debt, picked up a fight and started beating her mercilessly. The local police was called and the respondent was arrested and produced before the Court. He was also sent to judicial custody for three days. She further alleged that on 14.07.2007, the appellant was again beaten, and she sustained several injuries and was medically examined vide MLC No. 7567/07, Cr. No. 81286 dated 14.07.2007. Further, in the month of July 2008, when the appellant got pregnant for the second time, she was again tortured, physically and mentally. The appellant, thus, left the matrimonial home on 09.01.2009 and started living with her parents.