MAMTA SINGH Vs. LAKSHMAN SINGH

JUDGEMENT

(1.) This first appeal has been filed by the plaintiff wife challenging the judgment and decree dated 17.9.2009, passed by Special Judge, E.C. Act, Banda, dismissing the Original Suit No.226 of 2006, instituted under Section 13 of the Hindu Marriage Act.

(2.) Essential facts for the purpose of adjudicating this appeal are that plaintiff wife got married with respondent on 22nd June, 1997 at Banda. Out of this wedlock a female child was born on 3rd May, 1998, although as per the school records her date of birth is mentioned as 29.4.1999. Parties pursuant to the marriage continued to live at Jaipur. Proceedings under Section 13 of the Hindu Marriage Act for dissolution of marriage was initiated by the wife in the year 2006, with the allegation that after an year of marriage she was ill-treated by the husband on the ground that she had not brought sufficient dowry with her in the marriage. It was stated in para 3 that there is a major difference in the age of the parties, inasmuch as wife was stated to be of 27 years in 2006 while the husband was reported to be of 40 years. It was asserted that the husband used to force physical relations with the wife contrary to her wish, which resulted in successive unwanted pregnancy and abortions, causing mental and physical cruelty for the wife. It was stated that plaintiff used to do all household works but cruelty over a period of time increased and the husband regularly used to ill-treat her and hurl abuses etc. In para 5 it was stated that after the father of plaintiff fell ill, she was not permitted to visit him and was thrown out of the house in August, 2005. The wife claims to have lived in a separate tenanted accommodation, but it was not possible for her to continue long at such place and she ultimately shifted to Banda. Initially a divorce suit was filed before the Family Court, Jaipur but the same was subsequently withdrawn on 11.11.2006. The proceedings were instituted at Banda with the allegation that she is residing with her father at Banda, and therefore, the Court at Banda has jurisdiction to entertain the proceedings.

(3.) A written statement was filed by the husband denying the plaint allegations. The husband specifically denied all acts of cruelty and ill-treatment alleged to have been meted out by him. It was stated that the plaintiff is an open minded lady, and intends to live life in her own manner, without following the marital obligations, which has resulted in humiliation as well as mental cruelty for the husband. He asserted that the wife is used to of living a luxurious life, and does not believe in discharging social obligations expected to be performed by a wife in family. In para 6, it was alleged that plaintiff being a Hindu lady was under the influence of a Muslim named Hashim and had started living separately. It was alleged that this person is residing in Delhi, whereas his wife and child are residing in Adarsh Nagar at Jaipur. It was stated that proceeding under Section 107/117 Cr.P.C. was also initiated for such reasons. It was also pleaded that the plaintiff used to frequently talk with Hashim on phone and call records were brought on record.