REENA JAGGI Vs. RANDEEP JAGGI

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment and decree dated 23.02.2000 passed in R.C.S. No.30-A/1998 by Smt. Radha Sonkar, Second Additional District Judge, Bhopal. The trial Court awarded a decree of divorce in favour of the respondent. Respondent filed a suit for grant of divorce pleading that marriage between him and the appellant was solemnized on 11.06.1995 in accordance with Hindu rituals at Bhopal. The appellant was arrogant. She did not behave with the respondent and his family members properly. Her behavior was rude. Due to the behaviors of the appellant, there was mental cruelty to the respondent. The appellant also misbehaved with the mother of the respondent. She used to live at the place of her father and mother, which was at Bhopal. She went to the house of her father and mother on the date of birthday of the respondent. She informed the respondent about her pregnancy by a letter. She left the matrimonial home w.e.f. 29.101995 and did not return back. She lodged a complaint for commission of offence punishable under Section 498-A against the respondent, his father, mother and sister at Bhopal. Thereafter, another case under Section 406 of IPC was also registered. The family members were subsequently granted bail by the Court. On 19.11.1996, the appellant lodged another report at the police station alleging demand of dowry. The respondent suffered mental cruelty and it was not possible for him to live with the appellant. Hence, a decree of divorce be granted in favour of the plaintiff-respondent.

(2.) The appellant in her written statement denied the pleadings of the respondent. She pleaded that the behavior of the respondent was not proper. He was cruel with the appellant. The mother of the respondent always used to tell the appellant that she did not bring sufficient dowry. She was forced to live at the residence of her father and mother. The respondent-husband himself used to take the appellant to the house of her parents. The appellant celebrated birthday of the respondent. She was forced to live at the house of in laws when she was pregnant. The respondent made repeated demand of dowry from the appellant and an amount of Rs. One lakh was demanded. The appellant was forced to lodge the report at the police station.

(3.) The trial Court framed issues that whether behavior of the appellant was such that she practiced cruelty with the respondent and whether a demand of dowry was made by the respondent and it was not possible for the appellant and the respondent to live as husband and wife? Additional issue was also framed that whether due to registration of criminal cases on the complaints lodged by the appellant cruelty was practiced?