RAJNI Vs. SANJAY KUMAR

JUDGEMENT

(1.) THIS is an appeal by the wife challenging the decree of divorce on the ground of cruelty as per Section 13 (ia) of the Hindu Marriage Act, 1955. It is not in dispute that appellant Rajni was married to respondent Sanjay Kurnar Jain on 8. 5. 1990 at Indore. She is living with her parents from 20. 6. 1991.

(2.) THE case of the respondent Sanjay Kumar is that Rajni started quarrelling just after two months of the marriage. She used to abuse his parents. She did not want to live in the joint family house and insisted that her husband should live with her separately. He took a house on rent and started living with her. She was abusing him even in the rented house. She was misbehaving with him. She was neglecting him and she was not cooking food. She used to leave his house and go to her parents without his permission. She was treating the respondent with mental cruelty. She used to threaten to commit suicide by burning herself.

(3.) THE appellant has denied the allegation of her husband. Her case is that the parents of her husband were demanding dowry and they were beating her. She was turned out of her matrimonial home. The respondent demanded an amount of Rs. 10,000/- and that was paid to him by her father. He also demanded an amount of Rs. 10,000/- for carrying on a cloth shop. He threatened her to cause her death if she does not bring this amount. Her father again gave him an amount of Rs. 10,000/ -. She had an abortion on 8. 10. 1990 but the respondent did not arrange for her medical treatment. He asked her to bring a fridge and a colour T. V. from the house of her parents. For these reasons she is living with her parents.