REETA Vs. ANKIT KUMAR

JUDGEMENT

(1.) This First Appeal has been preferred by wife - Smt. Reeta against the judgment and decree dtd. 30/11/2019 passed by the Additional Principal Judge, Family Court, Bijnor in Matrimonial Petition No. 1026 of 2017 under Sec. 13 of the Hindu Marriage Act, 1955, whereby the suit of respondent-Ankit Kumar for dissolution of marriage has been decreed and the marriage dtd. 20/2/2011 of Smt. Reeta and Ankit Kumar has been dissolved.

(2.) The written statement was filed by the appellant-wife wherein she denied the plaint allegations and pleaded that after marriage she had discharged her matrimonial duties with devotion but since the marriage the respondent and his family members used to harass her by demanding a car and Rs.1,00,000.00 as dowry. She used to do the whole household work and beared all the acts of humiliation of her in-laws and husband just to save her marriage and the reputation of her family and in-laws. She also used to take care of the cattle in the house. Once to fulfill the demand of her in-laws, she brought Rs.50,000.00 also from her parents but for the greed and continuous demand of dowry by her in-laws she was beaten and thrown out of her matrimonial house on 15/5/2015. She was then constrained to get herself medically examined and filed a FIR as Case Crime No. 21/2015 under Ss. 498A, 323, 504, 506 IPC and ¾ Dowry Prohibition Act, at the Police Station Mandavar, wherein charge sheet No. 28/2015 had been filed by the police. The appellant refused that she ever went with her brother and brother-in-law without informing the respondent. She stated that she was always ready to live with her husband while her husband had willfully deserted her just to fulfill his unlawful demand of dowry of Rs.1,00,000.00 and a Santro Car. The respondent wanted to re-marry to get dowry and that is why he wants divorce. He has no love and affection for the appellant or their son. He had never enquired about the well being of their son also. On 16/7/2015 also, after mediation, she went willfully along with her husband even though the respondent and his family members were adamant on their dowry demand. Her brother and brother-in-law had no objection, if she lived with the respondent. But on 20/8/2015 at about 4.00 p.m., she was beaten by her husband and his family members by fists, kicks, lathi and danda. She was saved by the villagers, who had informed the brother of the appellant. The brother of the appellant, Bhopal Singh then took her with him and got her medically examined and filed a NCR No. 66/15 under Ss. 323, 504 and 506 IPC at PS Kiratpur. The proceeding regarding the same is still pending. The appellant had never humiliated her husband rather he was causing mental and physical cruelty to her by his actions and inactions. He had thrown her out of her matrimonial house twice and she along with her son was forced to live with her parents though she was always willing to live with her husband.

(3.) The Additional Principal Judge, Family Court, Bijnor, vide judgement and order dtd. 30/11/2019 held that the respondent-plaintiff had proved the allegations in his petition beyond doubt and passed the decree of dissolution of marriage. One time alimony of Rs.2,00,000.00 has also been decreed to the wife.