CHHAVI AGGARWAL Vs. VILAKSHAN

JUDGEMENT

(1.) The appellant Chhavi Aggarwal has come up in appeal against the judgment of the Family Court dtd. 6/1/2022, passed in Original Suit No. 237 of 2017, titled as 'Chhavi Aggarwal Vs Vilakshan', whereby her petition under Sec. 13 of the Hindu Marriage Act, 1955, for grant of decree of divorce has been dismissed.

(2.) As per plaint averments, marriage of the appellant-wife was solemnized with respondent-husband on 31/5/2015, as per Hindu rites and customs. As per the appellant, sufficient dowry and gifts were given at the time of marriage. Few days after the marriage, the appellant started receiving taunts from the two brothers of the respondent namely Nishkar and Divakar, and their wives. They started pressurizing her for getting rupees five lakhs in cash, and a four wheeler. Appellant tried to explain that her father does not have means to fulfill their demand of dowry, on this the family members of her husband used to fight and harass the appellant physically and mentally. On 3/12/2015, it was the birthday of the appellant, on which her brother came to her matrimonial house with some items of gift, but her in-laws misbehaved with her brother and taunted the appellant. The appellant got a job at Roorkee on 13/8/2015, but the respondent used to keep a track on her presence at an interval of every five minutes, and if there was delay in coming back to her matrimonial house, the respondent used to abuse and commit maar peet with her. The ATM card of the appellant was also taken by her brother-in-law Nishkar Agarwal and her salary amounting to Rs.3,26,520.00 till June 2016 was withdrawn. Appellant's bank account was with Punjab National Bank, Roorkee, in which her salary used to come.

(3.) In the month of August 2015, Jyoti Goyal, elder sister of the appellant, visited her matrimonial home and gifted her a statue of 'Bal Swaroop of Lord Shri Krishna', on this the respondent and his family members objected saying that they are atheist and will not allow the appellant to perform pooja-path in their house. Respondent used to taunt the appellant on account of her physical appearance and compare her with his two sisters-in-law. Respondent always provide the appellant the used apparel of his sisters-in-law, and on being objected, used to beat her. Every now and then, the respondent used to abuse and commit physical and mental cruelty with the appellant raising false allegations on her character. On 20/11/2015, the respondent ousted the appellant from her matrimonial home, but on the mediation of their family members, it was decided that the appellant along with the respondent will stay in a separate household, but the behaviour of the respondent did not change and he used to leave her at the bus station at 06:00 A.M. every morning, and return back to his shop and from there in the evening every day visit her sisters-in-law house, and came back from their at 11-11:30 P.M., in the night. On being asked, the respondent used to commit cruelty with the appellant, and asked her to bring the share from the house of her father, and then he will keep her with him.