KIRAN SINGH Vs. SHIV KUMAR

JUDGEMENT

(1.) The instant appeal has been preferred by wife against her husband, challenging the judgment and decree dated 29.05.2009, passed by Smt. Sandhya Choudhary, Additional Civil Judge, Barabanki in regular suit No. 224 of 2007 and judgment and decree dated 20.02.2010, passed in Civil Appeal No. 80 of 2009 by Additional District Judge, Court No. 2, Barabanki, as the wife lost her attempt to get her marriage dissolved under Section 13 of Hindu Marriage Act, 1955 from both the Courts below. It is pertinent to mention here that both husband and wife are Doctor by profession.

(2.) The appeal was admitted vide order dated 15.04.2010 on following substantial questions of law:-

(3.) Brief facts of the case are that the parties, belong to the same community and same religion. The wife belongs to District Barabanki and the husband belongs to the adjoining district of Sitapur. The wife got admission in M.B.B.S. in the year 2000, where the husband was already studying M.B.B.S., took admission in the year 1998. Both completed their M.B.B.S. from G.S.V.M. Medical College, Kanpur. But, prior to this the defendant lived in Mohalla Shakti Nagar, Lucknow from 1992 in connection with preparation for C.P.M.T. The wife was also living in the same Mohalla and both came to know each other. During the studies, the familiarity between the two converted into love affair and both got married in May, 2005. The first marriage anniversary of the parties was celebrated at Kanpur but on the next day, the matrimony converted into a tragedy as the appellant wife left with her parents to Lucknow on 21.05.2006. She filed suit in the year 2007 for dissolution of marriage, under Section 13, Hindu Marriage Act, 1955 on the ground of cruelty, inter alia, alleging that the defendant husband was posted as Demonstrator and later on, he was posted as Medical Officer in the Health Department and, he started taking liquor. It was not known to the wife earlier. That the defendant husband demanded Rs. 5,00,000/- cash, Maruti Alto car and a plot in Lucknow. She was beaten by her husband. When the cruelty crossed all its limits, in the month of September, 2005, the plaintiff/wife informed her parents and as a matter of reconciliation, the father of the wife got a plot purchased in her name on 07.10.2005, having an area of 1800 square feet. But, after sometime, the defendant husband again started beating her, compelling her to take liquor and demanding Rs. 5,00,000/- for solemnizing the marriage of his sister. On 03.12.2006, the plaintiff was carried by the defendant/husband to his village Udapur, where she was beaten by her in-laws and the defendant/husband. Even, an attempt was made to kill her by throttling her neck, on account of which she became unconscious. When she regained her consciousness, she found that her in-laws were sleeping and she left their house and reached back to Lucknow, and she got herself medically examined in District- Barabanki and lodged F.I.R. on 08.12.2006.