SANJAY AGRAWAL Vs. JYOTI AGRAWAL

JUDGEMENT

(1.) By this appeal under Section 28 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") the husband / appellant has assailed the judgment and decree dated 10/12/2008 passed by learned District Judge, Guna in case No.2/2008 Hindu Marriage Act, whereby the learned District Judge, Guna has passed the decree of divorce.

(2.) In brief the facts of the case are that the wife/respondent filed an application under Section 13 of the Act of 1955 praying to pass a decree of divorce. In the application of divorce it has been pleaded by the wife that she is a widow and earlier she was married to one Vinay Agrawal, who later on died and out of the wedlock with her first husband, she is having a daughterKhushboo having age of 8 years. Thereafter, her second marriage was solemnized with the appellant on 7/6/2006. After marriage for 10-12 days behaviour of the appellant-husband as well as his mother was cordial towards her, but later on the appellant (husband) after consuming liquor started harassing her and was making demand of dowry of Rs.3,00,000/- (Rs. Three Lacs Only) cash and one Alto car. The behaviour of the appellant towards her daughter-Khushboo (born from her first husband) was not cordial and despite her daughter being a child she was asked to discharge the domestic works and food was not being provided to her timely. Further, it has been pleaded that the appellant used to beat her (wife) after bolting the room from inside. In August, 2006 i.e. only after two months of her marriage with the appellant the respondent came back to her parents' house where she lived with her parents upto 15th August, 2007. During this period the respondent/wife received a sum of Rs.12,00,000/- (Rs. Twelve Lacs Only) of insurance of her late first husband. When this fact came in the knowledge of the appellant, immediately he came to her parents' house where she was residing and carried her with him to her nuptial house at Indore. It is the further case of respondent that at Indore appellant started making demand of Rs.12,00,000/- which was received by the respondent towards insurance on account of the death of her late first husband and also gave threat that in case she would not give the said amount, he will not keep her with him. On 22nd August, 2007 a document of divorce was also executed before a Notary and thereafter the respondent came back to her parents' house at Guna. Thereafter, again the appellant arrived at Guna and gave threat to the respondent that he will forcibly take her to Indore, hence, she had filed an application for divorce by praying that a decree of divorce may be passed in her favour.

(3.) The averments made in the application of divorce by the respondent were denied by the husband / appellant. The factum of making demand of cash Rs.3,00,000/- and one Alto car has also been denied. Further, it has been denied that the behaviour of appellant towards Khushboo (the daughter of respondent from her first husband) was inhuman. The factum of making demand of Rs.12,00,000/- of insurance, which the respondent obtained, has also been denied. According to the appellant, because the respondent gave threat of committing suicide, therefore, he executed the document of divorce and put his signature upon that document. According to him, he never gave any consent of divorce. It has also been pleaded by the appellant / husband that his financial condition is very sound and he never made demand of any money from the respondent. It is his further case that he is ready to deposit any amount in the bank in the name of respondent. On the basis of these averments, it has been prayed that the application of divorce may be dismissed.