NIRMALA GOLLEN Vs. DAVENDER GOLLEN

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree as passed by learned Additional District Judge, Kaithal on 08.02.2017, whereby the petition as filed by the husband (hereinafter referred to as 'the respondent') against the wife (hereinafter referred to as 'the appellant') under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of their marriage had been allowed, the appellant has preferred the present appeal.

(2.) As per the brief factual matrix as canvassed by the respondent as the petitioner in the above-said divorce petition, the marriage between the parties was solemnized on 17.04.2002 and one male child had born out of this wedlock. The appellant did not approve of staying in the joint family and she pressurized the respondent to live separately. The respondent fulfilled her wish but thereafter, she raised the demand of transfer of the agricultural land in her name and also demanded the cash amount from her father-in-law and moreover, she used to quarrel over petty matters because of her short tamper. She moved numerous false complaints before the Women Cell as well as other authorities against the respondent, his family members and even against the police officers who found her allegations to be false. She also falsely implicated the respondent and his family members in a criminal case under Sections 376-B , 354-A , 354-B , 323 , 509 , 506 , 120-B IPC resulting in intense mental and physical cruelty to the respondent. Thus, the marriage between the parties had irretrievably broken and it was impossible for the parties to reside together.

(3.) In her written statement, the appellant, who was respondent before the Trial Court, contested the claim of the respondent the ground of concealment of true and material facts from the Court. She also asserted that her father had spent an amount of Rupees seven lacs on her marriage but the respondent and his family members ill-treated her and demanded more money. The respondent used to beat her and to use abusive words for her. He also pressurized her to get visa for him by paying Rs.20 lacs. In the complaint as filed by her against the respondent under Section 12 of the Domestic Violence Act, 2005 (for short 'the Act'), the respondent was directed not to dispossess her and her son from the shared house-hold and he was also directed to provide her a separate room, kitchen, bathroom, electricity and water connections and also to pay Rs.5,000/- per month to her. The father of the respondent also tried to outrage her modesty and therefore, the said criminal case was got registered against them.