LAWS(MPH)-2014-8-29

SARWAN SINGH Vs. INDERJEET KAUR

Decided On August 11, 2014
SARWAN SINGH Appellant
V/S
INDERJEET KAUR Respondents

JUDGEMENT

(1.) APPLICANT husband has filed this appeal under Section 28 of Hindu Marriage Act, 1955 challenging the decree dated 31.10.2006 passed by the First Additional District Judge, Ashoknagar District Guna in Civil Suit No. 3 -A/2005 by which the prayer of the applicant husband was rejected by the learned trial Court.

(2.) IT is not in dispute that the applicant/appellant married to non -applicant/respondent as per Hindu rites and they are living separately.

(3.) PER contra, the non -applicant wife denied all these allegations and submitted that the applicant and his family members have been demanding dowry. The applicant is in the habit of consuming Alcohol. He used to beat her. Thinking that time will change she silently suffered. The family members of the applicant demanded a motor -cycle in dowry. A "Panchayat" was called, in which the father of the non -applicant gave Rs. 50,000/ - to the applicant. But the family members of the applicant, demanded more and she was subjected to cruelty. They also threatened her to being Rs. One Lac for a jeep. She was driven from her matrimonial home on 11.5.2005. On false ground this petition has been filed. The non -applicant/wife has also pleaded that it will be a risk for her as well as for her daughter's life if she goes to live with the applicant/husband.