NEETU @ JYOTI Vs. CHETAN KUMAR

JUDGEMENT

(1.) Appellant/wife has challenged dismissal of her petition for divorce preferred under 13 of the Hindu Marriage Act, 1955 (in brevity the Act) vide judgment dated 18.08.2006 passed by 2nd Additional District Judge, Ashoknagar, Guna, in case no. 31-A/2005 H.M.A. by preferring this appeal under Section 28 of the Act.

(2.) Brief facts of the case are that marriage of appellant/plaintiff with the respondent/defendant was solemnized on 23.01.2003 according to Hindu customs and rites. In the marriage, father of the plaintiff had spent about Rs. 2,50,000/- and gold and silver ornaments, household articles and cash of Rs. 50,000/- were given to the respondent/ defendant. After the marriage, respondent started demanding cash of Rs. 1,50,000/- and in the golden night itself the respondent threatened the appellant to leave her if the demand is not fulfilled. On denial, she was beaten by respondent. After eight days of marriage, she came to her parental home and narrated this to her mother. After about one month, mother-in-law of the appellant came to her parental house and assured her mother that respondent shall keep the appellant well and took appellant with her. But again the demand of dowry was made and on account of this she was beaten and misbehaved by the respondent. When the appellant visited third time to her matrimonial home, she was beaten by her in-laws in connection with demand of dowry. In the month of April 2003, respondent and his mother planned to kill her in the kitchen, but anyhow she saved herself. When the appellant informed her parents, they came to her matrimonial home. This time again mother of the respondent assured that such things will not be repeated in future. But the demand of dowry was continuously made and she was harassed on account of that. Thereafter, the parents of the appellant brought her back and since then she is residing with her parents.

(3.) It is further pleaded that respondent has left the appellant for a period of more than two years and is not interested to keep her as his wife. It is prayed that the marriage be dissolved by the decree of divorce on the ground of cruelty and desertion.