NM Vs. BS

JUDGEMENT

(1.) The present appeal under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred as 'HMA') assails the judgment & decree dated 19.01.2009 passed in HMA 572/06 by Additional District Judge (ADJ), Delhi, whereby the learned ADJ, while allowing the petition under Sec. 13(1) (ia) of the HMA, has passed a decree of dissolution of marriage in favour of the respondent/husband, and against the appellant/wife.

(2.) The parties were married on 18.02.2001, in Haryana. A girl child was born out of the wedlock on 10.04.2002. The respondent/husband alleged that from the beginning of the marriage, the behavior of the appellant/wife was strange and dominating. She did not want to live with the parents of the respondent and pressurized him to move out of the matrimonial home. Thereafter, in September 2002, the parties along with the child shifted to a separate residence in Rohini, Delhi. It was alleged that the behavior of the appellant did not change even after separating from the parents of the respondent. She refused do any household work. On 11.02.2003, when the respondent returned from the office, he found that the house was locked and the appellant had left. When he contacted the appellant, she refused to return to the matrimonial home and, subsequently, filed a complaint in the CAW Cell, Pitampura, Delhi on the allegations of retention of dowry articles and harassment by the respondent.

(3.) In the written statement filed by the appellant/wife, she denied all the allegations and stated that she was living along with her child at her brother's house. She further stated that the parents of respondent did not consider her at par with their status, and wanted to get rid of her. She was made to do household work till late night and was not given proper food. She also alleged that the respondent did not want to take the appellant with him to the matrimonial home. It is for this reason that he arranged rental accommodation in Rohini. She further stated that since February 2003, the rent of the rented premises was also borne by her parents. She moved out of the matrimonial house for her own and her child's safety.