USHA RANI Vs. HARI NARAIN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 19.2.1996 of the Additional District Judge, Sirsa, granting a decree of divorce in favour of the husband. Vide order dated 11.9.1996 this court restrained the respondent-husband from remarriage.

(2.) The matter was referred to the Lok Adalat and the proceedings dated 24.5.2001 indicate that the husband remarried in violation of the direction of this Court. The Lok Adalat suggested that the matter be settled on the husband paying a sum of Rs. 1,50,000/- to the wife for the upbringing of the child who was in her custody but the husband did not accept this offer. Finding no possibility of compromise, the matter has been sent back to the High Court for a decision on merits.

(3.) Marriage between the parties took place on 19.10.1996 and on 24.9.1987 a male child was born out of the wedlock. The divorce petition giving rise to this appeal was filed on 10.5.1991 alleging that the wife was hot-headed and misbehaved with the husband and that she left the matrimonial home in August, 1988. It was alleged that she resumed cohabitation on 1.10.1988 but her behaviour was not conducive and she finally left the matrimonial home on 5.4.1989. The wife contested the petition and stated that she was turned out of the matrimonial home not being able to satisfy the demand of dowry and inspite of her efforts, the husband was not willing to resume cohabitation. The trial Court observed that the wife had withdrawn from the society of the husband without any sufficient cause and since here allegations about the demand of dowry could not be believed, there was no justification for her to live separately.