SADHNA Vs. SUSHIL KUMAR

JUDGEMENT

(1.) This appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against judgment and order dated 20.4.2009, passed by Judge, Family Court, Haridwar, in suit No. 136 of 2006, whereby said Court has dismissed the divorce petition filed by the wife (Appellant) moved under Section 13 of Hindu Marriage Act, 1955.

(2.) Heard learned Counsel for the parties and perused the lower Court record.

(3.) Brief facts of the case are that, Petitioner/Appellant Sadhna got married to Respondent Sushil Kumar on 11.5.1994, according to Hindu rites at Haridwar. It is pleaded in the petition, filed by the wife under Section 13 of Hindu Marriage Act, 1955 that in the marriage customary items of dowry were given. It is alleged that the Petitioner/Appellant started living with her husband but the Respondent who was a drunkard used to come late in a drunken condition and beat the Petitioner /Appellant. Out of the wedlock three children namely Urvashi, Devendra, and Abhishek were born. In June 2004, the Petitioner went to her parental house where her father gave Rs. 50,000 for being deposited in the name of the children. It is alleged by the wife that since her husband was a greedy man, he took Rs. 10,000 out of those Rs. 50,000 and purchased Kisan Vikas Patra of Rs. 40,000 only in the name of the children. It is further alleged that after the death of the father of the Petitioner/Appellant, now the Respondent presses the Petitioner to get partitioned her share from her brother. She has specifically pleaded that on 9.6.2006 at about 5.00 p.m., Respondent Sushil Kumar asked that the Petitioner (Sadhna) should bring Rs. 5,00,000 (Rupees five lacs) from her brother. When the Petitioner refused to do that she was beaten with kicks and fists, and ousted by her husband. It is further pleaded by her that the three children are living with her. As such, on the ground of cruelty the Petitioner (wife) sought decree of divorce.