(1.) HUSBAND-RESPONDENT filed petition for dissolution of marriage with his wife-appellant performed on 22-6-1986 by decree of divorce on the ground that the wife after the solemnisation of marriage treated him with cruelty and further deserted him for a continuous period of not less than 2 years, which are grounds as contemplated under section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act. The First Additional District Judge by his judgment and decree dated 2-9-1993 decreed the petition and directed for payment of Rs. 300/- per month as permanent alimony, to the wife. Wife-appellant aggrieved by the aforesaid judgment and decree has preferred this appeal under section 28 of the Hindu Marriage Act.
(2.) ACCORDING to the husband-respondent, marriage between the parties was performed on 22-6-1986 and after the solemnisation of the marriage, the behaviour of the wife with him as that of his family members was cruel. It has been further stated that the wife never used to do household work and used to get up at 10 O'clock and without any reason used to quarrel. It has been stated that the wife always used to run away to her parents' place and did not fulfil her marital obligation. According to the assertion of the husband the wife treated him with cruelty. Further case of the husband is that on 22-1-1989 the wife fled away to her parents' place and thereafter in spite of his efforts she did not return to the matrimonial home. Petition was presented before the trial Court on 19-6-1991.
(3.) WIFE, in her reply, denied the allegation of the husband and according to her assertion, husband and his family members demanded dowry and on its non-fulfilment she was sent to her parents place. It has been further stated that she was being abused by her husband and also his family members and she was forcibly sent to her parents place. It has been further stated that during her ill health she was not being treated by doctor and some medicine used to be given to her as a result thereof, she became mentally sick. According to the wife it was her husband and his family members who had forced her to leave the house. She has further stated that she has filed a criminal case on 17-6-1991 against her husband, his parents and brother under section 498-A of the Indian Penal Code.