BHUDEV SHARMA Vs. NEERU

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and decree dated 08.10.2013 passed by the learned Judge, Family Court, Pauri Garhwal in matrimonial Suit No.98 of 2010 "Bhudev Sharma Vs. Smt. Neeru"?, whereby the petition filed by the appellant under Section (I) (i-a), (i-b) of the Hindu Marriage Act, 1955 has been dismissed.

(2.) The brief facts of the case are that the marriage of the parties was solemnized on 26.05.1998 at Ganeshpur, Roorkee as per Hindu rites and rituals. After the marriage the respondent stayed with the appellant for few months at his house and performed her matrimonial obligations. But in the month of November, 1998 the respondent left the matrimonial house and went to her parental house at Ganeshpur and did not return even on the request of the appellant. Thereafter, the respondent filed a suit no.32 of 2004, "Smt. Neeru Vs. Bhudev"? for seeking maintenance. Thereafter, the respondent filed another criminal case no.1201 of 2006, "State Vs. Bhudev Sharma"? against the appellant and his family members in the Court of Judicial Magistrate, Roorkee, which was dismissed on 09.11.2009. The appellant went to Jhansi for employment and filed a suit at Jhansi for restitution of conjugal rights but the respondent had replied in the case filed for Dowry Prohibition that she did not want to go with appellant, due to which the appellant had to withdraw the said suit on 04.04.2006. The respondent continuously tortured the appellant by different means; even she did not come back for the last 11 years and has completely failed in performing her matrimonial obligations. With these averments the divorce petition was filed.

(3.) The respondent filed her written statement, in which the factum of marriage with the appellant was admitted. She denied rest of the averments as made in the suit and it was said that the appellant and in-laws of the respondent were not happy with the dowry given at the time of marriage. The respondent performed her matrimonial obligations with the appellant but the appellant continuously tortured her for demand of dowry. The respondent conveyed this demand to her parents on which the father and relatives of the respondent came to the house of appellant and convinced the appellant and his family members, but in the month of November, 1998 the family members of the appellant ousted the respondent from her matrimonial home. Thereafter, a criminal case under Section 406 IPC was filed against the appellant, which is pending before the Sessions Judge, Haridwar. On 20.10.2002, when parents of the respondent had gone to Rishikesh for some work and the respondent was alone in the house, the appellant along with his elder brother Munesh Sharma came to the parental house of respondent at Ganeshpur and demanded Rs.50,000/- (Rupees Fifty Thousand) and a motorcycle. The respondent told them that her father is not in a position to fulfill the demand for dowry then the appellant and his elder brother committed marpeet with the respondent. It was also stated that the respondent is ready to live with the appellant and prayed that the suit be dismissed.