RENU Vs. SANJAI SINGH

JUDGEMENT

(1.) The present appeal under Section 19 of the Family Courts Act, 1984 has been filed by Smt. Renu, wife of Sri Sanjay Singh, against the judgment and decree dated 18.3.1998 passed by the Family Court. Meerut, whereby the petition for divorce filed by the husband Sri Sanjay Singh has been decreed on the ground of cruelly. The Judge, Family Court. Meerut, while passing decree for divorce had directed the husband Sanjay Singh to return Hero Honda motorcycle. Washing Machine, Colour T.V., Double Bed and Steel Almirah to the appellant.

(2.) The facts giving rise to the present appeal briefly stated are as follows : According to the plaintiff, his marriage was solemnised on 18.12.1994 with the appellant at Meerut. Despite being together, they did not have any issue. The plaintiff is the only son of his parents whereas the appellant is the eldest among the three sisters. According to the plaintiff, he got inflicted with certain disease called herpes sometimes after his marriage which the appellant took as leprosy. The appellant neither took care not looked after him and started misbehaving and abusing. She went to her parents' place on 6.3.1995 and inspite of his best effort to bring her back, the appellant was not prepared to come back from her parent's house. On the other hand, she started pressuring him to live along with her in her parents house. According to the case set up by the husband, the appellant did not fulfil her marital obligation and started abusing his parents and sister, which caused mental agony to him. Succumbing to her pressure, the plaintiff went with the appellant on 17.3.1995 to live with her parents, but after sometime she started pressurising the plaintiff to ask for his share in the property from his parents and to start business from the money which he would get, to which the plaintiff did not agree. According to the plaintiff, he was humiliated and he refused to live with the appellant. He wanted to live separately and to earn his livelihood independently by doing some work on which the appellant became angry and asked him to leave the house. The plaintiff was forced to live in a hotel for about 11 days and on account of financial hardship, he had to leave the hotel on 28.5.1995. The appellant did not come to see him. The behaviour of the appellant right from the very beginning was full of cruelty on account of which the plaintiff suffered physical and mental agony. On these facts, the plaintiff had filed a petition seeking dissolution of the marriage and divorce.

(3.) The appellant filed her written statement in which she had denied the allegations made by her husband. She stated that at the time of marriage, it was told that the plaintiff had passed his engineering course from Bangalore and was to get a good service in the near future. Her father had spent about Rs. 5 lacs in the marriage and had given Rs. 2 lacs in cash apart from various items like Hero Honda motorcycle. BPL Colour T.V., Washing machine, Steel Almirah, Refrigerator, Clothes, utensils and furniture, etc. The plaintiff and his parents in spite of the aforesaid items having been given, started asking for more dowry and when her parents did not meet the demand of the plaintiff, he left her in her parents' house on 17.5.1995. Inspite of her efforts, her husband was not prepared to take her back, as the demand for dowry was not being met by her parents. She denied of ever having misbehaved with his parent or abusing them. She also denied the fact that he had lived permanently in her parent's house and had visited her parents house as a relation. She further stated that he is a lazy person and had not made any attempt to earn his livelihood, which resulted in frequent disputes in the family. Her parents have no concern with the property of his parents and had never interfered in the matter. She denied that her parents had ever humiliated him. She further stated that the present petition for divorce has been filed, as the plaintiff wants to re-marry. On these facts, she prayed that the petition for divorce filed by her husband be dismissed.