NIRMALA BHANDARI Vs. MANGAL SINGH BHANDARI

JUDGEMENT

(1.) THIS appeal, is preferred by defendant (wife) against the judgment and decree dated 29.6.2005, passed by the learned District Judge, Bageshwar in Original Suit No. 6 of 2005, whereby the decree of divorce has been granted dissolving the marriage between the parties. (There is no Family Court established at Bageshwar.)

(2.) BRIEF facts of the case are that appellant (wife) got married with respondent (husband) five years before the presentation of the divorce petition, according to Hindu rites and rituals. For some time after the marriage they lived together and two daughters Km. Rajani and Km. Hema were born out of the wedlock. Out of the two siblings, Km. Rajani (elder one) is handicapped. It is alleged in the divorce petition by the respondent (husband) that leaving the handicapped child with him, the appellant (wife) left to her parents' house about a year before presentation of the petition. It is stated in the petition that the parties are not in collusion. In paragraph No. 6 of the divorce petition, it is pleaded that soon after the marriage, the appellant started quarrelling with the husband (respondent) and used to hurl abuses at him. Initially, respondent and his parents used to persuade the appellant to behave but she did not bring any improvement in her behaviour. The behaviour was so cruel on the part of the appellant that it was difficult for the respondent to live with her, It is also mentioned in the divorce petition that the appellant intimidated the respondent and his parents that she would get them implicated in a case under Dowry Prohibitation Act. In paragraph No. 7 of the divorce petition, it is stated that before the petition was filed, on 18.9.2003 and 16.11.2003 to resolve the dispute between the parties some amicable settlement were also got arrived at, but again the appellant started to behave as she used to do earlier and, finally left the matrimonial home, without any reasonable or sufficient cause. It is further pleaded in the divorce petition that on 18.8.2004 at about 4.00 p.m., appellant (wife) assaulted the husband with a sickle and the husband had to run away to save his life. It is also alleged that a report was made to the Sub -Divisional Magistrate, Bageshwar of the said incident and proceedings under Sections 107/106 Cr. P.C. were drawn. Apart from this, on 22.9.2004, the wife filed a complaint under Sections 498 -A/323/503/ 506 of IPC and Section 3/4 of the Dowry Prohibition Act, whereby, the respondent (husband) and his parents were alleged to have been flasely implicated. It is alleged in the petition that the respondent or his parents never demanded any dowry.

(3.) LEARNED Trial Court on the basis of the pleadings, framed following issues: