DARSHANA DEVI Vs. ANIL KUMAR SAINI

JUDGEMENT

(1.) This appeal by the wife is directed against the judgment and order dated 12.2.1998 passed by the Additional District Judge (ADJ) Delhi in HMA No. 532 of 1989 by which the ADJ dissolved the marriage between the parties on the ground of cruelty under section 13(1)(ia) of the Hindu Marriage Act, 1955 ("Act"). While the trial court accepted the plea of the petitioner (respondent herein) that the appellant had treated him with cruelty, the court negatived the plea for divorce on the ground of desertion. Aggrieved by the dissolution of the marriage on the ground of cruelty, the wife is in appeal.

(2.) The marriage between the parties was solemnized at Delhi on 18.10.1985. A son was born to the parties on 8.2.1987. The narration of facts in the petition for divorce pertaining to the ground of cruelty cites three incidents of cruelty. The first incident is of 11.10.1987. It is stated that the appellant came to the house of the respondent and raised a hue and cry outside the house falsely alleging that the respondent and his family members wanted to burn her and had demanded Rs.5000 from her parents. The second incident is of 31.10.1987 at around 10 p.m. at night as a result of which the respondent and his family members were booked under a criminal case registered under Sections 107 and 151 Cr.P.C. It is stated that the respondent and his family members were taken by the police to the police station, kept in police lock-up till the next day when they were handcuffed and made to walk barefoot to the police station at Seelampur in full public view. It is stated that ultimately in this case the respondent and his family members were discharged on 7.3.1988 when the Special Executive Magistrate noted that the complainant was absent in spite of being summoned three times. The third incident is of 9.4.1989. It is stated that the appellant along with her father, mother and brother came to the respondent"s house at 88 Saini Enclave, broke the window pane of the house, and in the melee that ensued a criminal case was registered against the respondent and his family members under Sections 498A, 313, 341, 324 read with 34 IPC. The respondent and his family members were taken to police station Vivek Vihar where the respondent was beaten up at the behest of the appellant's father and then taken to Central Jail Tihar. While the respondent and his mother were granted bail on 11.4.1989 the father was granted bail only on 16.5.1989.

(3.) At the trial, the appellant examined herself and her father as witnesses. On behalf of the respondent he examined himself, his father, his brother, the police officer from the Vigilance Cell, a record clerk from the Central Jail and a police constable from police station Anand Vihar as witnesses.