LAWS(ALL)-1999-2-124

DEEPIKA Vs. NARESH CHANDRA SINGHANIA

Decided On February 11, 1999
DEEPIKA Appellant
V/S
NARESH CHANDRA SINGHANIA Respondents

JUDGEMENT

(1.) AS both these Appeals involved common questions of law and facts and which were placed and heard together, hence are being disposed of by this common judgment.

(2.) BOTH these appeals have been filed by the wife, against the common judgment and decree dated 10- 3-1998 passed by the learned Family Judge, Meerut decreeing Suit No. 808 of 1993 filed by the respondent-husband for divorce under Section 13 of the Hindu Marriage Act and dismissing Suit No. 530 of 1993 filed by the wife under Section 9 of the said Act for restitution of conjugal rights.

(3.) THE appellant-wife contested the suit and denied the allegations made by the respondent-husband in the plaint. Her case, in brief, is as follows- Her father gave sufficient dowry in the marriage but her husband and the members of his family were not satisfied with the dowry and used to harass her and their behaviour was not cordial with her. She went on tolerating the torture in the hope that gradually the children will grow up and the things will be set at right. Her husband is employed in the Accounts Section in M/s. Rathi Alloy and Steel Ltd. , Delhi and has also invested money in the share market. In 1992 unfortunately he suffered loss of about Rupees 1. 5 to 2 lakh and consequently pressed her to bring Rs. 50,000/- from her father but her father could not meet the said demand, as his financial condition was not sound. THErefore, from August-September, 1992, his behaviour towards her became very cruel and he started beating her. On 14-7-1993, he beat the son in connection with his studies and when she objected, she was also beaten by him and in the morning of 15-7-1993 he turned her out of his house in the clothes she was wearing and retained the children with him in order to put undue pressure on her. With great difficulty she came to her father's house. THEreafter her father and relatives went to his house several times and tried to settle the matter, but they insisted on their demand of Rs. 50,000/ -. Her that her husband deprived her of his and the children's company without any reasonable cause. No one from Durga Mahila Samiti came to her when she was at her in-laws house. She never made any accusation against his character nor has abused him or his family members. While living at her In-laws' house she tried to fulfil her obligations yet her husband and his family members harassed her as they were not satisfied with the dowry. Her husband is a clever person and he withdrew money from her account in Ghaziabad without her signature by exerting influence yet she is willing to live with her husband and look after her children and does not want to put an end to her marital life.