ARCHANA Vs. P K TOMAR

JUDGEMENT

(1.) B. K. Rathi, J. This is an appeal under Section 96 of the CPC against the judgment and order dated 7-2-2002 passed by District Judge, Ghaziabad by which he allowed the petition of the respondent and decreed the petition for dissolution of marriage by the decree of divorce.

(2.) THE respondent who is resident of C-538 Sarojini Nagar, New Delhi filed the petition against the appellant alleging that the appellant is resident of 453/5 Brahampuri, Meerut and is in service as social worker in L. L. R. Medical College, Meerut. THE marriage between the parties was solemnized on 13-12- 1996 at Meerut according to Hindu rites and ceremonies. That at the time of the marriage it was agreed that the appellant will resign from the job at Meerut and join the company of the respondent at Delhi and discharge her marital obligations. However, the appellant did not resign from the job as agreed and on the other hand her behaviour became intolerable and cruel. She several times humiliated the respondent and his parents saying that they are persons of low standard and did not know as to how to live in style. THE appellant refused to stay with the respondent and also to resign from the job and therefore, it was agreed that she will continue in job but will reach the house of the respondent on every Saturday, stay for Sunday and discharge her marital obligations and will return back to Meerut to join the duties on Monday. That the appellant also abuses the mother of the respondent on the ground of wearing jeans or salwar suit and hurled abuses on the respondent and his parents. She stopped coming to Delhi on weekends and started living exclusively with her parents since July, 1997.

(3.) THE appellant contested the suit and filed written statement denying the entire allegations. She alleged misbehaviour with her and also made allegations of demand of dowry and cruelty against the respondent. She further alleged that she and her father were beaten by the respondent and his companions on 24-7- 1999 in the Court itself and again on 26-7-1999 at her house in Brahampuri, Meerut in connection with demand for dowry, regarding which the case was got registered by her for offences under Sections 498-A, 323, 506 IPC at police station Mahila Thana, Meerut. She further alleged that after the birth of the male child the parents of respondent started demanding Rs. 1 lac and a Meerut Car in dowry. She further alleged that she never went to Delhi and never stayed at the house of the respondent in Sarojini Nagar, New Delhi.